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For more on the hallucinogenically-named Employee Free Choice Act, see the bottom of this post.

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  1. ** WHAT THE EMPLOYEE FREE CHOICE ACT MEANS FOR EMPLOYEES AND EMPLOYERS ** A dark tempest is brewing over the employee and employer work relationship. That Perfect Storm is the Employee Free Choice Act (EFCA). The EFCA is widely expected to pass in some form. The Democratic Party is heavily indebted to organized labor for their financial and political support. Congress will feel the need to show populist support for labor unions. There is a very real possibility that the EFCA will become the labor law of the land! The Employee Free Choice Act will require an employer to recognize a union after the authorization cards (‘Card Check’) are signed by a simple majority of 50% or more of the eligible workers, with NO SECRET BALLOT ELECTIONS. • There will be no opportunity for management to explain their reasons for opposing unionization! • Even those employees who oppose unions will be required to become union members, against their free will! • Co-workers and company management will know exactly how all the employees voted! • As the employee, you will loose the right to the secret ballot election process! • As the employer, you will loose control of your company! ** THE EMPLOYEE FREE CHOICE ACT IS VITAL TO ORGANIZED LABOR SURVIVAL ** Labor unions have experienced a steady decline in dues paying membership, industry saturation, and political power. Organized labor has made the “Employee Free Choice Act” its highest legislative priority. The Employee Free Choice Act would drastically increase the number of unionized workers, because it will simplify and speed labor’s ability to unionize companies. Simply put, the EFCA, or “card check” legislation would let unions form if more than 50% of workers simply sign a card saying they want to join. It is far easier for unions to get workers to sign cards because the union organizers can canvass workers repeatedly, over a period of weeks or months, until the union obtains the support needed. The Employee Free Choice Act, would provide injunctions for specified Unfair Labor Practices (known as ULP’s), during union organizing drives and prior to union certification. • When the NLRB certified the union, the parties would have 90 days to come to acceptable ‘First Contract’ terms, after which either party could ask the Federal Mediation and Conciliation Service (FMCS) to mediate the differences. • If mediation fails after 30 days, the contract would be referred go binding arbitration. The decision of the arbitrator is final and a two-year contract is binding on all parties. • The EFCA provide damages equal to twice-back pay, if the company violated certain Unfair Labor Practices, after recognition as the bargaining agent. • Civil Penalties: Provides for civil fines of up to $20,000 per violation against employers, who have been found to willfully or repeatedly violate employees’ rights during an organizing campaign or first contract drive. • Treble Back Pay: Increases the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first contract drive to three times back pay. • Mandatory Applications for Injunctions. ** As an employer, you may never know a union has arrived at your front door, until after the union becomes the official bargaining agent for your workers. ** ** THE EMPLOYEE FREE CHOICE ACT IS ORGANIZED LABORS SALVATION FROM IRRELEVANCE ** For more information about the Employee Free Choice Act and Organized Labor, please read a new book called: "IS ORGANIZED LABOR A DECAYING BUSINESS MODEL?" The book is available from the publisher: It is also available on line from: and © 2009 Chris Mosquera. All Rights Reserved. Email: © 2009 Chris Mosquera. All Rights Reserved.Email:

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