Lethal Card Check Legislation Remains Unsettled in U.S. Senate

NSCA Protects Rights of Small Business Owners, Employees

Rumors are swirling in the U.S. Senate that the Employee Free Choice Act (also known as EFCA or Card Check) could be voted on in the next few weeks. This legislation would affect your bottom line by changing how unions are allowed to organize workers in the U.S.

Specifically, the U.S. Senate may vote on EFCA prior to the November 2010 elections. This legislation would be damanging to systems contractors who have maintained a strong and steady business not under big labor control. While it is expected that the Card Check provision has been removed, there are many other detrimental provisions you should be aware of, including:

• Mandatory binding arbitration in labor contract negotiations or any effort that would deprive workers and employers of a voice in the approval or rejection of their own contracts; 
• Financial penalties on employers during the negotiation process and harsh penalties on back pay violations; 
• “Quickie” elections that would limit the ability of employers to properly educate their employees on union organizations as well as limit free speech and debate on every citizen's right; and 
• “Union Access” provisions, including solicitations by non-employee union organizers during the work day, in the community and at home solicitations, which are illegal for employers.

This legislation could cause harmful financial repercussions for business owners and lead to a decrease in your workforce in a time when job growth and economic stability are of the upmost importance.

Updated May 13, 2010

NSCA Protects Your Rights, Money by Working Against Bill

This legislation would be harmful to systems contractors who have maintained a strong, steady business not controlled by labor unions. The bill includes three main changes that would affect systems contractors:

• The ability to maintain a secret ballot vote for participation in union organizations could be changed to open voting. 
• Business owners could see harmful financial repercussions due to new binding arbitration contracts if there is a delay in benefits negotiations. Essentially, owners would lose control of business decisions, from salaries and vacation time to insurance. These decisions would be made by the union or by the federal government in a dispute. 
• Employers would also see financial penalties during negotiations with labor unions or the federal government and harsh penalties on back-pay violations.

The Senate is expected to act on the legislation first, and labor unions are pushing hard to bring the bill up for a vote this spring.

In addition, more than 30 states have introduced legislation that includes variations of Card Check legislation, including legislation that opposes legislation that would eliminate private ballots to Card Check for only state or municipal workers (CT).

Card Check "Compromise" Means Workers Rights Are Compromised - NEW
EFCA alternative is still EFCA

Last week, the Coalition for a Democratic Workplace (CDW) said that efforts by unions to trump up a so-called "compromise" on the Employee Free Choice Act (EFCA) would further violate worker rights and place yet another undue burden on small businesses. With growing bipartisan opposition to card check legislation, labor unions and their allies are scrambling to cut a deal that keeps the EFCA alive.  
 
The New York Times reported on July 17 that a small group of Democratic Senators were working on an alternative version of EFCA that would not include the card check provision. As reported, this new EFCA would swap card-check for "quickie" or ambush elections and allow unions to access employees during the work day, while restricting employer free speech during an organizing campaign. 
 
"Unfortunately, the EFCA alternatives that give unions unprecedented workplace access are another attack on worker privacy, opening the door to harassment by union organizers at work as well as at home," said Brian Worth, CDW chairman. "Furthermore, these variations on card check do considerable harm to small businesses, putting unnecessary government burdens on their ability to create new jobs."
 
The Times article also referenced union support for EFCA's controversial mandatory binding interest arbitration provision, which would stifle growth and job creation by forcing small businesses to operate under a contract crafted by government-appointed arbitrators.
 
"The biggest losers under the binding interest arbitration scheme are small business owners, who will be subject to government arbitrators essentially deciding how their businesses will run and workers who would be denied a vote on the contract," Worth said.
 
Backroom deals to save EFCA under the guise of compromise are irrelevant at this point for workers and small businesses. There is no difference between the anti-worker card check scheme and ambush elections, which would penalize small businesses and workers. They both deny workers the opportunity to hear both sides of the debate before a secret ballot election is held. For small business employers who are focused on running their businesses, ambush elections deny them the time to ensure that the process is fair. Additionally, allowing professional union organizers on the jobsite is equally as troubling. Current laws already allow employees who support the union to campaign on company property and for paid union organizers to contact workers outside the workplace, such as at an employee’s home. Conversely, employers are not allowed to contact employees during non-work hours.
 
While card check’s future remains uncertain, there is no question about the determination of Big Labor to include the anti-worker provision in the final version of EFCA. In response to The New York Times story, Service Employees International Union (SEIU) President, Andy Stern, said, "As we have said from day one, majority signup is the best way for workers to have the right to choose a voice at their workplace. The Employee Free Choice Act is going through the usual legislative process, and we expect a vote on a majority signup provision in the final bill or by amendment in both houses of Congress."

Updated 7-28-09

Click below to see what your state is doing:
Alaska — HR 5
Alabama — SJR 25
Alabama — SB535
Connecticut — HB 6534, SB 365
Florida — SJR 1908
Georgia — HR 23
Georgia — HR 71
Georgia — SR 49
Hawaii — HB 1769
Hawaii — SB 1621
Iowa — HR 40
Idaho — HJM 8
Idaho — SJM 102
Kansas — SR 1828
Maryland — SJR 6 (Died)
Michigan — SR 16
Missouri — SCR 24
Mississippi — SCR 550
North Carolina — HR 831
North Dakota — SCR 4033
Nebraska — LR 10
Nevada — AJR 9
New Mexico — HB 884
Ohio — SCR 2
Oklahoma — SCR 8
Pennsylvania — HR 73
Pennsylvania — SR 61
Rhode Island — HB 5381
South Carolina — H 3222
Tennessee — HJR 109
Tennessee — SR 26
Utah — SJR 20
West Virginia — HR 26
Wyoming — HJR 13

Contact Congress and express your concern on Card Check legislation.