Legislation & Summary
Background
The right to join a union is a basic labor right that workers in the United States have in theory but not in the real world of the workplace. Everyday across America, employers routinely deny workers their legal right to freely choose to join a union and get a first contract. Employers use a combination of legal and illegal means to prevent workers from exercising their legal rights. Employers frequently use tactics such as harassment, coercion, and intimidation. We know that some employers, in total violation of the law, will even fire workers who are actively working to form a union. While new legislation under consideration only applies to workers in the private sector, this legislation is very important to AFSCME and to all workers whether they work in the private or public sectors. Increasing union density in the United States would mean that all workers have increased power in the workplace and in the political arena, and that means higher wages, better benefits and less privatization.
Summary of Legislation
On March 10, the Employee Free Choice Act was introduced by Senator Edward M. Kennedy (D-MA) and Representative George Miller (D-CA). The Senate bill, S. 560, has 39 co-sponsors. The House bill, H.R. 1409, currently has 224 co-sponsors.
The Employee Free Choice Act would:
• Enable workers to form unions when a majority sign union authorization cards;
• Establish mediation and binding arbitration when the employer and workers cannot agree on a first contract; and
• Strengthen penalties for companies that coerce or intimidate workers.
AFSCME Position
America’s middle-class is disappearing. Good jobs are vanishing and health care coverage and retirement security are slipping out of reach for many. To get ahead economically, workers need the freedom to create and join unions – without interference from management. Allowing working people to choose for themselves whether to have a union is the key step toward rebuilding America’s middle class. Union membership brings better wages and benefits and a real voice on the job. And, as increased unionization bring better wages and benefits in the private sector, the pressure on state and local governments to privatize public services would be reduced.What You Can Do
Contact your Members of Congress and ask them to support the Employee Free Choice Act. If they are a cosponsor already, thank them for their support. If they are not a cosponsor, then strongly urge them to cosponsor the Employee Free Choice Act as soon as possible.
Department of Legislation
April 2009