If an agreement could not be reached during this very short time period, a federal arbitration board would be required to establish a mandatory two-year contract that would be binding on both labor and management. In voicing its opposition to this measure, SHRM argued that a private ballot election is the best way to protect the privacy of individual workers to vote their conscience on whether to join a union. Moreover, SHRM conveyed that HR professionals, management and employees would have little ability to shape the terms of workplace contracts if mandatory binding interest arbitration is enacted.
The legislation has remained stalled because senators have not produced enough support for EFCA to defeat a filibuster 60 votes required. Consequently, the U. Senate voted not to consider the Employee Free Choice Act in The bill had previously passed the House by a vote of to You may be trying to access this site from a secured browser on the server.
Please enable scripts and reload this page. Reuse Permissions. Page Content. If enacted, the legislation would allow unions to sidestep employees' current right to vote in a private, Federal government-supervised election during organizing campaigns. You have successfully saved this page as a bookmark. OK My Bookmarks. Please confirm that you want to proceed with deleting bookmark. Delete Cancel. You have successfully removed bookmark. Delete canceled. Please log in as a SHRM member before saving bookmarks.
OK Proceed. Under current law, there is no level playing field when it comes to joining a union. Big corporations hire expensive lawyers to run sophisticated anti-union campaigns.
An entire industry of anti-union consultants prey on small employers, convincing them that they should use any means necessary to fight a union organizing drive. Workers are intimidated, threatened, harassed, and even fired for supporting a union. One out of four employers actually fire workers for trying to form a union. These illegal acts often succeed in discouraging workers from supporting the union, so without real penalties for violators, retaliating against workers is a cost-effective business strategy.
In this climate, workers often feel powerless. They fear employer reprisals if they support the union and they lose faith in the process when they see how easy it is for the employer to abuse the rules.
Under majority sign-up, workers have the chance to talk to each other about the union without facing the same kind of employer harassment.
Instead of waiting months or even years for an election while the employer runs an anti-union campaign, workers who want a union simply sign cards asking the union to represent them in collective bargaining.
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