Here's a press release from some attorneys who are worried about the Employee Free Choice Act crippling their industry. Union busting strategies are built around the premise of $0 penalties for labor violations and prolonging contract negotiations indefinately until employees give up and leave. By adding fines for harrassing or firing union supporters, the EFCA would make it too expensive to violate the law, and it wouldn't be cost effective to hire expensive union busters.
Sen. Obama vowed to stand by re-elected SEIU president Andy Stern and union members by ushering in a union- friendly administration. He also vowed to pass the Employee Free Choice Act if elected to presidential office.
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Jackson Lewis attempts to worry employers by falsly implying that the methods of organizing would change from the current process of holding a secret ballot election when less than a majority of employees are willing to sign petitions. Currently the Labor Board holds elections when 30% of employees ask to be represented by a union, but a majority does not sign a written statement asking for representation. The EFCA keeps secret ballot when there isn't a majority.
From the Union busters:
The so-called Employee Free Choice Act (EFCA) would grant unions certification as soon as they had collected signature cards from half the workers, effectively stripping workers of their right to vote in a government supervised secret ballot election. EFCA would also impose substantial fines for employers' mistakes, as well as force first contracts determined by a third party arbitrator, even if the employer and the union both might disagree with the mandated final contract terms.
Note that having a conflict negotiated by arbitration is very frightening to any lawyer. Many home buyers and businesses choose arbitration rather than paying expensive court fees and making lawyers rich. As a result both parties reach a satisfactory agreement dispite having to make concessions on both sides.
The union-busters are right to worry about streamlining labor law. They may no longer have a working business model.