Employment Law News

New Legislation Protects Employees Participating In Union Activities

Protects against worker harassment, intimidation, or retribution for engaging in union activities

WASHINGTON -- In an effort to protect hundreds of thousands of employees who have faced harassment, intimidation, or retribution for engaging in union organizing activities, House Democrats today introduced the Employee Right to Choose Act. The bill simplifies workplace organizing by providing a simple, fair, direct method for workers to form unions by signing cards or petitions. The bill is a companion to one introduced this year by Senator Chuck Schumer (D-NY).

“Unfortunately, an aggressive assault on American workers, and the institutions that represent them, has dangerously eroded union-organizing rights, resulting in a steady decline in the percentage of Americans in labor unions. We must take action in order to preserve this fundamental right of all employees to organize and take collective action in the workplace,” said George Miller (D-CA), senior Democrat of the Committee on Education and the Workforce, who along with Tim Bishop (D-NY) introduced the bill. Altogether, the bill has 16 original cosponsors.

Today, an aggressive assault on workers faces many union organizers: almost one-third of organizing campaigns end in employers illegally firing union supporters; more than half of employers subject to such organizing campaigns threaten to shut down a workplace if the union succeeds; 80% of employers respond to employees’ efforts to form a union by hiring outside consultants; 92% of employers force employees to attend closed-door meetings where they are pressured not to join.

"The truth is, too many hard-working Americans are actively subjected to threats and intimidation when they try to assert their right to start or support a union at their workplace,” Miller said. The law today unfairly advantages employers. We are introducing this Act today to address this unfair advantage.”

The Employee Right to Choose Act closes to the gap between workers and employers by amending the National Labor Relations Act to replicate the “card check” system currently in Canada. The Act would:

Simplify Workplace Organizing. The bill provides a simple, fair, direct method for workers to form unions by signing cards or petitions.

Protect Workers Engaging in Organizing Activity. Under the current system, employees seeking union representation first sign a petition that is sent to the NLRB as evidence that sufficient interest exists to justify an election. Unfortunately, this document is often used to harass people who have signed it. Under the bill, employers would not have an opportunity to see the list of union supporters before certification takes place.

Limit Employers’ Abilities to Union-Bust. Under the current system, once the NLRB has certified employee interest in organization, the workplace must wait 60 days before participating in an election. Many employers currently utilize those two months to engage in antiunion activities, such as “mandatory” work sessions and harassment. This legislation would essentially close that window for employers.

Facilitate First Contract Negotiation. This legislation sets hard time limits by which parties must begin and complete their negotiation of the first contract after union certification. If the parties fail to meet those deadlines, the bill would authorize involvement of the Federal Mediation and Conciliation Board and, if necessary, a third-party arbitrator to force a first contract between the new union and its employer. This would eradicate the delaying tactics often used by employers during contract negotiation.

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