And he’s had lots of bad ideas.
The Employee Free Choice Act (EFCA) is a controversial bill that was passed by the House in 2007 and stalled in Senate 2008. It was reintroduced to Legislature as of March 2009. Obama has committed to passing it.
It is an awful bill that will do great damage to our economy.
Current Law (NLRA)
- If 30% support union, NLRB grants a “Secret Ballot Election”.
- Union certified if majority vote is YES.
- Companies must “bargain” in good faith but are not required to reach an agreement.
Proposed Law (EFCA)
- Card Check – If over 50% of cards affirm union support then the NLRB certifies the union without an election.
- If no contract is reached within 120 days, a binding arbitration guaranteed contract for 2 years is put in place without a vote.
Eliminating secret ballots could lead to union intimidation, unfair representation, etc. Union organizers can follow people out in public, get in their faces, pressure them to sign cards, etc.
Unfair binding arbitration will have all sorts of consequences. Once you get a union it is almost impossible to get rid of it. They cost jobs. The U.S. automakers made lots of bad decisions over the years, but the unions were the biggest catalyst in their failures. You simply can’t compete when your costs are that much higher than your competitors.
EFCA is profoundly un-American and bad idea.