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APWU and the Employee Free Choice Act

The Employee Free Choice Act (EFCA) is the most important labor legislation in decades.

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APWU and the Employee Free Choice Act

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    1. APWU and the Employee Free Choice Act

    2. The Employee Free Choice Act (EFCA) is the most important labor legislation in decades.   It would help level the playing field for workers who want to form unions. The Employee Free Choice Act will help us build an economy that works for everyone. 2

    3. For more than a century, the standard of living of the middle class has paralleled the rise and fall in union membership.   3

    4. “Corporate greed has distorted our economy. We need a counterweight. Working people can be that balance when they're united in unions.” 4

    5. Union workers:  Earn 28% more than those who don’t have unions; Are 52% more likely to have healthcare benefits; Are 3 times as likely to have pensions.   America needs the Employee Free Choice Act. 5

    6. “Supporting the freedom to bargain is an act of solidarity with workers who are less fortunate that we are.   “It will also help us preserve good postal jobs.”   6

    7. But passing the Employee Free Choice Act won’t be easy.   The House of Representatives is expected to pass EFCA (H.R. 1409) by a wide margin. The challenge will be in the Senate, where we will need 60 votes to overcome an expected “filibuster.” (As of now, 39 senators have co-sponsored S. 560.) 7

    8. Stopping EFCA is the top priority for big business and its anti-labor allies in Washington DC.   The U.S. Chamber of Commerce has dedicated $200 million to fund an ad campaign to defeat EFCA.   And they are putting severe pressure on senators to vote “no.”  We must encourage our senators to vote “yes.” 8

    9. The EFCA has three major components. It will:   Require employers to recognize unions when a majority of workers indicate they want one; Encourage employers to bargain in good faith; Stiffen penalties against employers who retaliate against union supporters. 9

    10. The Employee Free Choice Act would let workers decide whether they want to form a union by:   Signing union cards, or Holding secret-ballot elections. Under current law, management decides which method will be used. 10

    11. Why wouldn’t workers choose a secret-ballot election? The law currently dictates that workers can request an election for union representation once they have collected signatures “showing interest” from 30 percent of the workforce. 11

    12. That’s when the mischief begins.   Employers almost always demand secret-ballot elections, and then use the delay to threaten, coerce, and intimidate the workers. 12

    13. Company Tactics:   92% force employees to attend meetings where they bad-mouth unions. 75% hire union-busting “consultants.” 51% threaten to close if workers form a union. 25% illegally fire at least one union supporter. 13

    14. Under the proposed law, when more than 50% of workers have signed union cards, the National Labor Relations Board and the employer must recognize the union.   This feature is called “majority sign-up.” 14

    15. Big Business is attacking the bill with the ‘Big Lie.’   (The “big lie” is a propaganda technique that suggests if you repeat a falsehood often enough, people will believe it).   Big Business says the Employee Free Choice Act will eliminate secret-ballot elections. 15

    16. Under the Employee Free Choice Act, workers can choose a secret-ballot election.   16

    17. In the meantime, illegal activities by employers – such as firing union supporters – have become epidemic.   17

    18. Tougher penalties will provide better protection for workers’ rights.   The EFCA would:   Fine companies up to $20,000 for each violation; Force employers to pay triple back wages to illegally fired workers; Require the NLRB to take companies to court when they violate the law. 18

    19. The Employee Free Choice Act would encourage employers to bargain in “good faith” by establishing a procedure for negotiating a first contract. 19

    20. The bill provides: 90 days to negotiate a contract. If that fails, 30 days for mediation.   Then, Mandatory binding arbitration for a minimum two-year contract. 20

    21. The Employee Free Choice Act would give workers who want to form unions a fair opportunity to do so.   It is also essential for preserving good postal jobs, wages, and benefits. 21

    22. A large pool of non-unionized workers allows employers to keep wages low – even for members of unions. 22

    23. Among the “unorganized” workers are:   Truck Drivers Custodians Mail Processors Parcel Sorters Retail Clerks   Many work for private contractors and perform duties similar to APWU members.  23

    24. The passage of the Employee Free Choice Act will affect postal workers in two ways:   Pay Comparability Contracting Out Postal Work 24

    25. According to federal law, postal wages are based on a standard of “pay comparability.”   That means postal wages should be close to the pay of workers who perform similar work in the private sector. When the wages of workers performing similar duties are low, postal workers have a tough time winning pay increases. 25

    26. Many workers who perform work similar to ours make far less than we do because they don’t have a union to bargain for better wages and benefits. 26

    27. In a bad economy, and with millions of unorganized workers, the USPS is expected to seek wage and benefit concessions.   Our COLAs, our healthcare benefits, and our job security are at risk.   Supporting the Employee Free Choice Act will help us protect our wages and benefits. 27

    28. The Employee Free Choice Act also would reduce the incentive for contracting out.   After all, employers subcontract work because they believe the contractors’ lower wages will save them money. 28

    29. The Employee Free Choice Act would:   Level the playing fields for workers who want to form unions; Strengthen the middle class; Protect good postal jobs. 29

    30. Now is the time for action.   Local union activists must help spread the word about the importance of passing the Employee Free Choice Act. 30

    31. To win support for the Employee Free Choice Act, locals can:  Donate funds to the AFL-CIO’s Turn Around America media campaign; 31

    32. “It’s time our economy worked for everyone again.   “It’s time to pass the Employee Free Choice Act.” 32

    33. Please make checks payable to: AFL-CIO Secretary-Treasurer In the memo line, note: Turn Around America Fund Mail checks to: Office of the Executive Vice President, AFL-CIO 815 16th Street NW Washington DC 20006 Be sure to notify the APWU Secretary-Treasurer’s office of your contribution, so your local can get the recognition you deserve! The Turn Around America Fund accepts donations only from labor organizations and from individuals on their own behalf. 33

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