Employee Free Choice Now . Org
Educating The World on The EFCA.

Myth vs. Reality: The REALITY is the Employee Free Choice Act Helps
American Workers and their Families.

Despite the need for reform, critics of EFCA continue to misinform the
public about the bill and hide the serious shortcomings of current
labor law. Democrats are committed to setting the record straight and
passing this important legislation on behalf of American workers and
their families.

MYTH: EFCA will prevent the use of secret-ballot elections.

REALITY: EFCA does not strip workers of their right to choose a
secret-ballot election to decide whether to select -- or not to select
-- a union representative. EFCA simply gives workers the additional
option of selecting a union representative by majority sign-up.

Organizing For America begins with the passing of the Employee Free
Choice Act.

The Employee Free Choice Act is nothing new it only reestablishes the
Joy Silk Doctrine of 1949

History

In 1949, the NLRB's Joy Silk Doctrine established that "an employer
could lawfully refuse to bargain with a union claiming representative
status through possession of authorization cards only if he had a
'good faith doubt' as to the union's majority status.This policy was
changed in 1966 with the ruling in Aaron Brothers, where "the Board
made it clear that it had shifted the burden to the General Counsel to
show bad faith and that an employer 'will not be held to have violated
his bargaining obligation... simply because he refuses to rely upon
cards. 'If passed, the proposed Employee Free Choice Act would return
the NLRB policy to the Joy Silk Doctrine and allow employer challenges
to card check elections only when illegal coercion or fraud is
charged.

In 1969, Chief Justice Earl Warren delivered the majority opinion for
the U.S. Supreme Court that upheld the use of card check. Warren
stated, "Almost from the inception of the Act, then, it was recognized
that a union did not have to be certified as the winner of a Board
election to invoke a bargaining obligation; it could establish
majority status by other means... by showing convincing support, for
instance, by a union-called strike or strike vote, or, as here, by
possession of cards signed by a majority of the employees authorizing
the union to represent them for collective bargaining purposes." The
Supreme Court has consistently ruled in favor of card check, and
Warren cited prior affirmations in NLRB v. Bradford Dyeing Assn.,
(1940); Franks Bros. Co. v. NLRB,[(1944); United Mine Workers v.
Arkansas Flooring Co., (1956).


For More Information on EFCA please visit our website and blog

http://www.employeefreechoiceactnow.org

http://efcanow.blogspot.com/

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