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View Diary: Responding to falsehoods about the NLRB (14 comments)

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  •  In some ways, yes. (1+ / 0-)
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    Roger Fox

    It did strengthen the backpay awards for unlawfully discharged employees (actual loss plus 2 times the loss) and it did require the NLRB to more readily seek injunctions to stop unfair labor practices after they had been proven.  (But not before, when it would have been a useful preventive).  Repeaters could be fined.

    As for the election process, the Free Choice Act would have issued certifications of representative in circumstances where the union proved majority status by a card check.

    There's not all that much difference between a certification of representative and an enforceable voluntary recognition even now.  I think the employer would have to be able to participate in some fashion, not entirely clear how, but at least enough to ensure it knew the card check  was transparent and honest.  That part was left up to Board rulemaking and may have been a weakness of the reform.  Signature comparison is what is used now and is quite reliable.

    Today, card checks are often challenged as dishonest--usually by overblown and desperate accusations, such as false promises, bribery, forgery and the like.  While rare, such things have occurred and safeguards need to be provided.  EFCA did not address that.

    EFCA also recognized that first contracts were often the hardest to reach and set some deadlines for submission to mediation.

    So, yes.  EFCA did offer some improvements.  Some would have worked.  Some were more problematic.

    The legislative process proved too slow and filibusters and intervening elections combined to change the political landscape, leading to EFCA's failure to pass.  

    •  Thanks (0+ / 0-)

      ...... Social Security blogathon March 25th thru March 29th. #HandsOffmySS FDR 9-23-33, "If we cannot do this one way, we will do it another way. But do it we will.

      by Roger Fox on Tue Mar 12, 2013 at 01:32:19 PM PDT

      [ Parent ]

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