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James H. Gilliam BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA 50309-2510 Telephone: 515-242-2446 Facsimile:

James H. Gilliam BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA 50309-2510 Telephone: 515-242-2446 Facsimile: 515-323-8546 E-mail: gilliam@brownwinick.com . IOWA ASSOCIATION OF BUSINESS AND INDUSTRY Employee Free Choice Act. What is the Employee Free Choice Act?.

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James H. Gilliam BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA 50309-2510 Telephone: 515-242-2446 Facsimile:

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  1. James H. Gilliam BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA 50309-2510 Telephone: 515-242-2446 Facsimile: 515-323-8546 E-mail: gilliam@brownwinick.com IOWA ASSOCIATION OF BUSINESS AND INDUSTRY Employee Free Choice Act

  2. What is the Employee Free Choice Act?

  3. EFCA (also known as “Card check”) is a bill that would amend the National Labor Relations Act and significantly change the process by which unions are “certified” to represent employees

  4. How do unions win certification under current law?

  5. Unions can be voluntarily recognized by the employer. If the employer refuses to do so, certification can only be granted by the National Labor Relations Board after it supervises a secret ballot election

  6. How does the union demonstrate it has enough employee support to merit voluntary recognition or a secret ballot election?

  7. Unions typically organize employees by convincing employees to sign “union authorization cards.” Once the union believes it has majority support from the employees, the union will approach the employer for voluntary recognition or will file a petition with the NLRB to hold an election.

  8. What does a union authorization card look like?

  9. The typical card is postcard-sized. The employee is asked to provide personal information and sign an attestation to the following statement:

  10. “I hereby designate and select the ____ union as my representative and agent for negotiation and collective bargaining with respect to wages, hours and conditions of employment.”

  11. Under current law, what happens after a petition for an election is filed with the NLRB?

  12. The NLRB will determine the appropriate bargaining unit and conduct the secret ballot election after a 42 day campaign period. During the campaign period, both the union and employer can attempt to persuade the employees regarding unionization.

  13. How will EFCA change this process?

  14. EFCA will eliminate the employer’s right to a secret election. Instead, employers would be required to recognize a union upon being presented with authorization cards signed by 50% plus 1 of its employees

  15. How will the loss of the secret ballot election affect employers?

  16. EFCA prevents an employer from educating employees and responding to union arguments if it is unaware of the organizing activity

  17. How will employees be affected by the loss of the secret ballot election?

  18. Employees lose their ability to hear both sides of the issue and lose their right to vote anonymously, creating an atmosphere of coercion and retaliation when union organizers know which employees support the union

  19. Will EFCA make any other changes to existing labor relations law?

  20. EFCA will also significantly change the way the first collective bargaining agreement is negotiated. Under current law, there is no time limit to negotiating the first CBA

  21. Under EFCA, either party may request mediation after 90 days. Within 30 days thereafter, EFCA mandates binding arbitration

  22. Will EFCA make any other changes to existing law?

  23. Back pay damages trebled • $20,000 civil penalties • Mandates NLRB seek federal injunction

  24. What is the current status of EFCA?

  25. Introduced in both houses of Congress on March 10, 2009. Speaker Pelosi has stated it will not come up for discussion in the House (where it is expected to pass) until after it passes the Senate

  26. What are prospects for passing the Senate?

  27. As currently configured, 60 votes are needed to prevent a filibuster. All Republicans reject EFCA “in its current form.” At least one Democrat (Webb) rejects EFCA also.

  28. What should an employer be doing?

  29. Studies routinely indicate employees unionize for three reasons: • Job security • Pay and Benefits • Supervisory Treatment

  30. Studies also show that typically 30% of workforce supports unionization

  31. Adopt a Philosophy on Unions and Labor Relations

  32. Audit Employee Satisfaction

  33. Make first line Supervisors Responsive to Employee Concerns

  34. Review Employment Policies and Practices

  35. Website: www.brownwinick.com Toll Free Phone Number: 1-888-282-3515 OFFICE LOCATIONS: 666 Grand Avenue, Suite 2000 Des Moines, Iowa 50309-2510 Telephone: (515) 242-2400 Facsimile: (515) 283-0231 616 Franklin Place Pella, Iowa 50219 Telephone: (641) 628-4513 Facsimile: (641) 628-8494

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