Labor Law Guy

Even the NLRB Can’t Be Trusted by Labor With Its EFCA Lust

Posted in Federal Labor Law, Random Musings by laborlawguy on May 6, 2009

A report from the National Labor Relations Board showing that unions won 63 percent of its worksite elections in 2008, up four percent from the year earlier, is doing nothing to daunt unions and their plaintive call for passive of card check unionization.

Currently, organizers collect signed cards calling for a unionization vote from 30 percent of a company’s employees, and the NLRB organizes a secret-ballot vote within 30 to 60 days. The Employee Free Choice Act (EFCA) renders the secret-ballot option impotent by taking that option off the employer’s table and leaving elections to the discretion of the union, which can also choose the option of organizing with 50 percent “plus one” in signed cards. Obviously, signed cards would be in and elections out.

With the NLRB’s announcement that unions are victorious almost two-thirds of the time when a unionizing vote is held, EFCA opponents are shouting that the law is not needed.

The union response?

The numbers lie. Most elections don’t get held because employers intimidate employees into withdrawing the petition.

Can’t win for voting, I guess.


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