Thinking Outside The Box to Get The Employee Free Choice Act EFCA Passed : Cleveland IMC (((i)))

Employee Free Choice Act / EFCAPrwire News: Thinking Outside The Box to Get The Employee Free Choice Act EFCA Passed! http://efcanow.blogspot.com/

Over the last few weeks while many corporate front groups like the Coalition For Democratic Workplace, Save our Secret Ballot and the U.S. Chamber of Commerce Smile and grin on the fact that Senator Arlen Specter (R - PA).and Sen. Dianne Feinstein (D-Calif.) have retreated from supporting the Employee Free Choice Act (EFCA) in its present form, both labor leaders at the forefront of this fight and George Miller (D - CA)., Senator Edward M. Kennedy, and Sen. Thomas Harkin [D-IA] must start thinking outside of the box to get the Employee Free Choice Act EFCA passed.

One way to do this is to introduce separate bills in both the House and the Senate based on some of the provisions of the Employee Free Choice Act (EFCA).Both Senator Arlen Specter and Sen. Dianne Feinstein (D-Calif.) have indicated they would seek alternative legislation that was less divisive.

By separating the Employee Free Choice Act into mini bills vs. its entirety the big business corporate front groups would have less to attack.

Peter N. Kirsanow a former member of the National Labor Relations Board from January, 2006 to January, 2008 under the Bush administration stated in his recent blog;

Senator Specter signaled a receptiveness to possible amendments to the National Labor Relations Act ("Act") that purport to remedy what he perceives as defects in the current system. In fact, he's detailed several of the changes he'd like to see.

These include, among other things, "quickie elections" that would be conducted between 10-21 days of the filing of a union election petition, a form of "equal access" that would give unions access to employees on employer premises, enhanced penalties for unfair labor practices, and expedited bargaining schedules imposed by the NLRB. He also appears open to "last best offer" arbitration of contract terms.

Furthermore, Senator Specter didn't rule out reconsidering EFCA if reforms to the Act aren't implemented or if the economy improves.

The timing of Senator Specter's remarks is interesting. When EFCA was reintroduced in both Houses two weeks ago, Senator Harkin repeatedly invoked "equal access," as if to signal a possible compromise based on that concept

The elimination of secret-ballot elections was the big drag on EFCA's prospects for passage. Now that card check may be off the table, EFCA opponents have lost their most effective talking point.

Consequently, wavering senators may now be more inclined to vote for the remaining provisions of EFCA, plus quickie-election/equal-access provisions that make union organization almost as easy as card check.

Senator Specter's announcement merely concludes Round Two according to Peter N. Kirsanow.

So Now Lets take Peter N. Kirsanows advice and think outside of the box. What could these mini Employee Free Choice Act (EFCA) bills look like?

Here are just a few I come up with:

1. Majority Sign up based on a dual card membership card.

Under this proposal the employee would choose either to have his union membership card be used for a petition to be filed on his behalf by a labor organization to conduct a secret ballot election by the National Labor Relations Board or he or she may desire to waive their right to a secret ballot election by indicating that they wish to have their union membership card be used for the purposes of having a card check under the Employee Free Choice Act (EFCA). Press Here for more on this.

In either case it is NOT the Union, Management, nor the National Labor Relations Board who decides what their union membership card is going to be used for, it is the Employee who decides. This would now give new meaning to the spirit of the Employee Free Choice while taking these corporate front groups biggest arguments away from them that it would eliminate “ secret ballot” elections. Based on this alternative there is no question about it. The employee has a free choice to decide which method to use.

2. An alternative to the 50 plus 1 is to make it 60 percent for certification.

Since corporate front groups continue to compare a National Labor Relations Board election to a Federal election then if 60 votes is needed for cloture then 60 percent should be needed for the Board to certify the individual or labor organization as the representative of the bargaining unit as long as the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit.

3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS as stated under Text of H.R. 1409: Employee Free Choice Act of 2009

4. STRENGTHENING ENFORCEMENT as stated under Text of H.R. 1409: Employee Free Choice Act of 2009

5. To amend the National Labor Relations Act to require employers to provide labor organizations with equal access to employees prior to an election regarding representation as stated under Text H.R. 1355

6.To amend the National Labor Relations Act to require employers to provide labor organizations with equal access to employees prior to an election regarding representation prior to any organizing drive to see if such employee wish a desire to be represented by a labor organization or individual.

7. Authorizing the NLRB to impose treble back pay without reduction for mitigation when an employee is unlawfully fired.

8. Conduct quicker elections rather than 42-day period.

9. Prohibit the use of anti-union consultants as persuaders once an election is filed or notice to an employer by a union sent.

10. Prohibit mandatory union-busting meetings by an employer all meetings would now be voluntary for both sides.

11. Modify the NLRA to give the court broader discretion to impose a Gissel order on a finding that the environment has deteriorated to the extent that a fair election is not possible.

12. On a finding that a party is not negotiating in good faith, an order may be issued establishing a schedule for negotiation and imposing costs and attorney fees.

13. Broaden the provisions for injunctive relief with reasonable attorneys’ fees on a finding that either party is not acting in good faith

14. last best offer" arbitration of contract terms.

15 Authorizing the award of reasonable attorneys’ fees on a finding of harassment, causing unnecessary delay or bad faith.

16. Putting a time limit for objections to be heard and resolved.

In conclusion by thinking outside of the box by using a shotgun approach to the Employee Free Choice Act rather than all your Easter eggs in one basket approach corporate front groups would now be in a tailspin trying to stop a dam ready to burst, while labor and pro-EFCA Senators continue to work on gaining the needed 60 votes for cloture from both democrats and republicans such as Senator Specter who may support some of these mini Employee Free Choice Act Bills.

Peter N. Kirsanow said it best in his blog “Now that card check may be off the table, EFCA opponents have lost their most effective talking point “

Under my approach card check (as corporate front groups call it) would not be off the table but it would be separated under a new alternative bill giving less credence to the mini bills which are essential to the body and spirit of the Employee Free Choice Act.

Tags: Employee Free Choice Act, EFCA, Free Choice Act, Free Choice, EFCA Compromise, Employee Free Choice Compromise, Free Choice Bill, Peter Kirsanow, Labor Union,Corporate Front Groups, The Coalition For Democratic Workplace, Save our Secret Ballot, Chamber of Commerce

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