What is the Employee Free Choice Act?
The Employee Free Choice Act (EFCA), commonly called "Card Check," is a legislative proposal that would require recognition of a union in the workplace if a simple majority (50 percent plus one) of employees in a targeted bargaining unit sign union authorization cards.
Under Card Check, there would be no secret ballot vote on the union, as is the case under the current system. EFCA also would allow government-appointed arbitrators to impose a binding contract on a company and its workers if the company and the union cannot reach agreement.
What is an authorization card, and what does it mean if I sign one?
Today, signing an authorization card means you are interested in possibly being represented by a union. However, the card is not your vote. Under current law, if you sign the card, you typically will have an opportunity to cast your vote for or against the union privately, in a secret ballot election.
However, under Card Check, signing an authorization card is likely to be your only "vote." If a simple majority of workers (50 percent plus one) in a targeted unit sign the card, the union will be recognized as the official representative of all workers in the unit – even though some workers may never have been given an opportunity to sign or not sign a card.
How is Card Check different from the current process used to authorize a union?
Under current law, a union must collect signed authorization cards from 30% of workers in a targeted bargaining unit in order to call for an election. Then, all workers have the opportunity to cast their votes in private to determine if the union will be recognized as the workers' representative in a collective bargaining process.
Card Check changes the union organizing process by allowing unions to be recognized after obtaining a simple majority (50 percent plus one) of signed authorization cards – without the traditional education and discussion period that helps workers evaluate the pros and cons of union representation, and without a secret ballot election in which all workers have an opportunity to vote their preference in private.
If a union attempts to organize workers at the company where I work, will I be given a chance to make my voice heard and vote on the matter?
Not necessarily. Under Card Check, there is no guarantee that all employees will be asked to sign an authorization card, and you can be virtually certain there will be no secret ballot election. In fact, it's possible that a union organizing effort could be under way without you knowing anything about it.
Under Card Check, can I be forced to join or be represented by a union if I don't get a chance to sign an authorization card or vote on union representation?
Yes. If the union collects signed authorization cards from a simple majority of workers (50 percent plus one), the union must be recognized as the official representative of all workers in the appropriate unit – even if you and other coworkers were never asked to sign a card or given a chance to have your voice heard in any other way. The union also would likely seek to negotiate a requirement that all employees in the bargaining unit be required to join the union and pay union dues.
Under Card Check, if contract negotiations break down and the government steps in, will workers have a chance to vote to accept or reject the terms of the government-imposed contract?
No. If the company and the union cannot reach agreement on a contract within 90 days, Card Check provides that either party can refer that matter to mediation and the government will step in and appoint a mediator. If no agreement is reached after 30 days of mediation, the government will appoint an arbitration board that will impose a binding contract that neither the company nor the workers can change for at least two years unless the company and the union agree to a change.