the rights to your secret voting on an election ballot

have been taken away by the obama administration !

The article below was posted at www.inddist.com/article/189795-Exclusive_Examining_the_Employee_Free_Choice_Act.php?rssid=20133

Exclusive: Examining the Employee Free Choice Act

As Congress considers a bill that would rewrite the rules governing union organization efforts in the workplace, attorney and ID columnist Fred Mendelsohn explains how the legislation could affect distributors and manufacturers

Fred Mendelsohn -- Industrial Distribution, 3/11/2009 2:44:25 PM

The proposed Employee Free Choice Act would amend the National Labor Relations Act, if passed by Congress in 2009, dramatically changing the landscape of union organizing in our country. The legislation cuts to the heart of many political issues and has been hotly debated. Though President Bush made clear his intent to veto the bill, it was passed by the House of Representatives and is supported by President Obama; it's expected that the 111th Congress will pass it.

The EFA has three main components, which would replace the current system of secret-ballot union organizing elections, compel collective bargaining agreements and impose serious penalties on employers found to engage in unfair labor practices. The EFA has far-reaching implications for a great number of employers, including many distributors, and is organized labor's top legislative priority.

Under existing law, a union can petition the National Labor Relations Board to hold a secret ballot election after it gathers signed authorization cards from at least 30 percent of employees of an "appropriate bargaining unit;" however, a union more often obtains cards from 50 percent plus 1 of the unit it seeks to organize. The union then petitions the NLRB to certify it as the collective bargaining agent for the employee group. But the employer need not accept the "card check" and can demand a secret ballot election.

Under the EFA, once a union presents authorization cards for a majority of an employer's workers, the NLRB must certify the union as the representative of the employee group for at least one year-doing away with secret ballot elections. The result is challenging: Before employers even know a union is "talking" to its employees, that union could be its next business partner, looking for a labor agreement.

Under existing law, once a union officially represents a group of employees, the parties are obligated to bargain in good faith to reach agreement as to wages and other terms and conditions of employment, but do not have to reach agreement. If good-faith bargaining fails, the union can strike or the employer can unilaterally implement its last, best offer.

Under the EFA, the parties still engage in a mutual give-and-take but are obligated to reach agreement in 90 days. If not, the EFA mandates that the parties mediate their dispute with the Federal Mediation and Conciliation Service. If mediation fails, the EFA mandates binding interest arbitration, which imposes the terms and conditions of a collective bargaining agreement on the parties for a two-year period. The result in a nutshell: Control over wages and other conditions of employment vests in a third-party government official who is not accountable to or for the employer's business.

Under the third component of the EFA, the NLRB is obligated to seek a federal court injunction whenever there is reasonable cause to believe that an employer has discharged employees, discriminated against them or interfered with employee rights during an organizing campaign or initial contract bargaining. Employers found to have illegally discharged an employee are no longer liable just for "back pay," but for a penalty of two times any back pay (meaning, in effect, triple back pay), plus a $20,000 penalty for unfair labor practices committed during organizing drives.

Fred Mendelsohn is a partner with Burke, Warren, MacKay & Serritella P.C. in Chicago. He specializes in complex commercial litigation and dispute resolution; labor and employment law; market channel matters involving dealers, distributors and sales representatives; and the general representation of middle market business. He can be reached at fmendelsohn@burkelaw.com or (312) 840-7004.