Each year, more than 20,000 workers are illegally fired or discriminated against for exercising their labor rights. At least one out of every four organizing efforts results in an employer firing a worker for supporting a union. Seventy-five (75) percent of employers hire union busting "consultants" to help defeat organizing drives. Ninety-two (92) percent of employers compel their workforce to attend "captive audience" meetings to hear anti-union propaganda. In one-third of all union election victories, workers still do not have a collective bargaining agreement two years after the election.
The tragic irony of this emasculation of the right to organize is that 42 million workers who are not represented by a union have stated that they would like to be represented. These 42 million workers equate to more than three times the number of workers presently represented by unions in the United States. The 42 million workers who would like to be represented are equivalent to the combined populations of California and New York!
To correct the injustices that have chilled the aspirations of millions of workers, CWA is urging the enactment of the Employee Free Choice Act. The Senate version of the bill is S. 842, introduced by Senator Ted Kennedy (D-MA). The identical companion in the House is H.R. 1696, sponsored by Congressman George Miller (D-CA). More than 40 Senators and in excess of 200 Representatives have cosponsored this landmark legislation.
The Employee Free Choice Act provides for the certification of a union as the bargaining representative if the National Labor Relations Board (NLRB) finds that a majority of employees in an appropriate bargaining unit have signed written forms designating the union as its collective bargaining agent. This method of union certification is known as card-check.
Card-check procedures have been legal throughout the life of the National Labor Relations Act. CWA has used card-check successfully to attain recognition as the bargaining agent of workers employed by Cingular Wireless. But under current law, management can undermine card-check by refusing to recognize a union even when 100 per cent of the workers have signed union authorization forms. Instead, management can demand an NLRB election that enables management to intimidate workers through an anti-worker campaign. Requiring union certification when a majority of workers have signed recognition cards would prevent this abuse.
The Employee Free Choice Act also provides that if an employer and a union are engaged in bargaining for their first contract and are unable to attain agreement within 90 days, either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation. If the FMCS has been unable to bring the parties to agreement after 30 days of mediation, the dispute will be referred to arbitration and the results of the arbitration will be binding on the parties for two years. By contrast, under current law, employers have a duty to bargain in good faith but are under no obligation to reach an agreement.
The Employee Free Choice Act requires stronger penalties while employees are attempting to organize or obtain a first contract. The bill mandates that the NLRB must seek a federal court injunction against an employer whenever there is reasonable cause to believe that the employer has discharged employees or discriminated against them or engaged in conduct that interferes significantly with employee rights during an organizing campaign or bargaining for a first contract.
S. 842/H.R.1696 also mandates an award of three times the amount of back pay for illegal discrimination that occurs during efforts to organize or when workers are seeking a first contract. The legislation provides for penalties up to $20,000 per violation against employers found to have willfully or repeatedly violated workers' rights during an organizing campaign or pursuit of a first contract.
At bottom, workers should be free to decide whether they want union representation without experiencing intimidation, indoctrination or misinformation.
http://www.cwa-legislative.org/fact-sheets/page.jsp?itemID=27453946