thetruthaboutefca.com | The Truth About The Employee Free Choice Act & Card Check

ABC national president Jerry Gorski has been hitting the airwaves and news pages as part of the big team effort to educate the public and legislators about the danger of passing the unfortunately misnamed Employee Free Choice Act. Another contractor, Glen Philips of Philips Brothers Electrical Contractors Inc., wrote in to the Pottstown Mercury in Pennsylvania (a pretty important state in this fight) to offer his own view:

In the article, “Labor leader speaks in support of Card Check bill,” I would like to applaud Jerry Gorski of Associated Builders and Contractors and Nancy Keefer, president of the Chamber for their intuitive input into the misconceptions of Card Check legislation.

As a local contractor, I also oppose this legislation and the government-aided union control of business. The Employee Free Choice Act (EFCA) is an anti-worker, job-killing piece of legislation that will undercut any effort to stimulate our economy. The bill will drive up costs for employers, especially small businesses, at a time when they can least afford it.

First, the main provision of EFCA effectively eliminates secret ballot voting in union elections. Secret ballots are the backbone of the democratic system. Taking away this right will open workers up to unnecessary intimidation tactics.

Second, the bill also contains a less known provision that would impose government-mandated labor contracts on employers who are unable to reach agreement with unions after only four months of negotiations. This binding arbitration will be overseen by individuals from the federal government who may know nothing of my business. Under EFCA’s binding interest arbitration rules, employers would have no right to appeal the decision of a federal arbitrator and workers would be unable to reject the terms of the employment contract. In essence, federal bureaucrats would be empowered to establish labor contracts for two years without any accountability to the employer or workers. Binding arbitration will tie the hands of employers and hinder their ability to manage their workforces during difficult economic times. Without this flexibility, many employers will struggle to remain viable in the face of global competition.

In a time of economic crisis, it’s more important than ever for our policy makers to listen to what job providers have to say about legislation that impacts their ability to create jobs. EFCA is a poison pill for our ailing economy, which is why every major business organization from every industry sector has come out in strong opposition to it.

We urge all contractors to keep engaged in this battle. Keep up the fight!

In a Daily American news story suggesting that a vote on the Employee Free Choice Act may be imminent, ABC member Brett McMahon offers thoughts on how important this fight is:

Jim Kistler of Associated Builders and Contractors Heart of America chapter in Kansas City has a no-holds-barred article in the Springfield News-Leader, where he writes:

Why are Democrats and unions afraid of secret ballot elections? I pose this question in response to the opinion editorial by Len Eagleburger entitled “Republicans’ anti-labor bill unlikely to survive court tests.” The vocal opposition Democrats and labor unions express regarding the cornerstone of our system of government — maintaining elections by secret (confidential) ballot — is both amazing and scary. Nothing is more sacred than our right to vote free of intimidation and coercion.

An excellent article, to be sure. Nice work, Jim!

The Indianapolis Star was kind enough to publish a letter from Associated Builders and Contractors President Kirk Pickerel and ABC Indiana President J.R. Gaylor warning readers about the Employee Free Choice Act:

The merit shop construction work force has never been stronger. More than 84 percent of all workers in the industry have made the decision to use their professional craft skills in an environment that is free from union coercion and intimidation.

John Sweeney, AFL-CIO national president, and Ken Zeller, Indiana State AFL-CIO president, argued in their recent letter (“Workers deserve freedom to join unions”) that the Employee Free Choice Act would “restore workers’ freedom to choose how to form a union and bargain for better lives.” Nothing could be further from the truth.

The Employee Free Choice Act actually deals a double blow to workers by robbing them of the fundamental American right to a secret-ballot election when deciding whether or not to join a union, and allows a federal government arbitrator to dictate the terms of the union contract without a vote by the employees.

Current law requires that both the union and employer bargain in good faith after a union is certified. However, under the proposed act, if both parties have not reached agreement after 120 days, the union can call for mandatory, binding arbitration.

In the end, workers could end up in a union they didn’t vote for, and forced to abide by a contract they didn’t vote on. No secret-ballot election. No vote on a contract. Where is the free choice in that?

CNSnews.com today has a lengthy story on prospects for negotiations on the Employee Free Choice Act. Associated Builders and Contractors was quoted extensively to offer our no-compromise message:

But Brewster Bevis, senior director of legislative affairs at Associated Builders and Contractors, said opponents of the bill see no room for compromise on this issue.

The Washington Times has an interesting story this morning on labor’s influence in the new Administration. Geoff Burr from Associated Builders and Contractors had the opportunity to weigh in:

Even without card-check, the bill would stiffen penalties against employers that illegally fire or discriminate against workers for union activity and, more importantly for unions, impose binding arbitration if unions and management cannot agree on a first contract.

“Binding arbitration is where the money is,” said Geoffrey Burr, vice president of government affairs for the Associated Builders and Contractors, which represents 25,000 nonunion construction businesses.

“Unions are just as willing to drop ‘card-check’ if they get binding arbitration,” he said.