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Employee Free Choice Act

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Employee Free Choice Act
Short titleEmployee Free Choice Act
Long titleAn Act to amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions in certain cases, and for other purposes
Enacted byUnited States Congress
Enacted underBarack Obama
Related legislationNational Labor Relations Act, Labor Management Relations Act, Fair Labor Standards Act

Employee Free Choice Act is a legislative proposal that aims to amend the National Labor Relations Act to make it easier for AFL-CIO and other labor unions, such as the Service Employees International Union and the International Brotherhood of Teamsters, to organize workers. The Act is supported by Democratic lawmakers, including Barack Obama, Hillary Clinton, and Nancy Pelosi, as well as labor rights organizations like the National Employment Law Project and the Economic Policy Institute. The proposal has been opposed by Republican lawmakers, such as John McCain and Mitch McConnell, and business groups, including the United States Chamber of Commerce and the National Federation of Independent Business.

Introduction

The Employee Free Choice Act is designed to address the decline of labor union membership in the United States, which has fallen from approximately 35% of the workforce in the 1950s to around 12% today, according to data from the Bureau of Labor Statistics and the National Institute for Occupational Safety and Health. The Act's proponents, including Richard Trumka of the AFL-CIO and Andy Stern of the Service Employees International Union, argue that the current system for forming unions is biased in favor of employers, such as Walmart and McDonald's, and that the Act would help to level the playing field. The Act has been endorsed by various organizations, including the American Civil Liberties Union, the National Association for the Advancement of Colored People, and the League of United Latin American Citizens.

Background

The Employee Free Choice Act was first introduced in 2005 by Ted Kennedy and Barney Frank in the United States House of Representatives and United States Senate. The Act is based on the principles of the Wagner Act, which established the National Labor Relations Board and protected the right of workers to form and join labor unions, such as the United Mine Workers of America and the International Union of United Automobile, Aerospace and Agricultural Implement Workers of America. The Act's supporters, including John Sweeney of the AFL-CIO and Linda Chavez-Thompson of the AFL-CIO, argue that the current system for forming unions is too slow and too easily manipulated by employers, such as General Motors and Ford Motor Company. The Act has been supported by various labor unions, including the United Steelworkers, the International Association of Machinists and Aerospace Workers, and the Communications Workers of America.

Provisions

The Employee Free Choice Act would amend the National Labor Relations Act to provide for several key changes, including the use of card check elections, which would allow workers to form a union by signing authorization cards, rather than holding a secret ballot election, as required by the National Labor Relations Board. The Act would also provide for mandatory arbitration in cases where employers and unions cannot agree on a first contract, and would increase penalties for employers who violate labor law, such as Title VII of the Civil Rights Act of 1964 and the Fair Labor Standards Act. The Act's provisions have been endorsed by various organizations, including the National Organization for Women, the American Federation of State, County and Municipal Employees, and the International Union of Electrical, Radio and Machine Workers.

Legislative History

The Employee Free Choice Act has been introduced in several sessions of United States Congress, including the 109th United States Congress, the 110th United States Congress, and the 111th United States Congress. The Act has been supported by Democratic lawmakers, including Harry Reid and Dick Durbin, and has been opposed by Republican lawmakers, including Mitch McConnell and John Cornyn. The Act has been endorsed by various organizations, including the American Association for Justice, the National Council of La Raza, and the Asian American Justice Center.

Debate and Controversy

The Employee Free Choice Act has been the subject of intense debate and controversy, with supporters arguing that it would help to protect the rights of workers and promote labor union membership, and opponents arguing that it would lead to increased costs and decreased flexibility for employers, such as Microsoft and Google. The Act has been opposed by business groups, including the United States Chamber of Commerce and the National Federation of Independent Business, which argue that it would lead to increased costs and decreased competitiveness for American businesses, such as General Electric and Procter & Gamble. The Act's supporters, including AFL-CIO and Change to Win Federation, argue that it would help to promote fair trade and protect the rights of workers, such as those represented by the United Food and Commercial Workers and the International Longshore and Warehouse Union.

Impact and Analysis

The Employee Free Choice Act would likely have a significant impact on the labor market in the United States, particularly in industries with high levels of labor union membership, such as manufacturing and construction. The Act's provisions, including the use of card check elections and mandatory arbitration, would likely lead to an increase in labor union membership and a shift in the balance of power between employers and employees, such as those represented by the National Education Association and the American Nurses Association. The Act's impact would also be felt in the broader economy, with potential effects on inflation, unemployment, and economic growth, according to economists such as Paul Krugman and Joseph Stiglitz. The Act has been analyzed by various organizations, including the Economic Policy Institute, the Center for American Progress, and the Heritage Foundation. Category:United States labor law