May/June 2009 / Human Resources
Two Views of the Employee Free Choice Act
Two articles take opposing views on the Employee Free Choice Act, which would replace the secret-ballot union certification procedure with a public card signing process, where employees may certify a union as their authorized collective bargaining agent. It is generally agreed that passage would make it easier to certify unions.
Payson, Lotito and LaRocca say that labor costs are the major reason U.S.-based automakers can’t compete with foreign manufacturers. They note that a recent Conference Board poll of executives reported that the top three components for a business’s success are speed, flexibility and adaptability to change, and say that unions hamper their employers in all these categories.
Ontiveros says that since 1980 National Labor Relations Board rules have changed to favor employers. The labor movement responded
with “corporate campaigns” that appeal to consumers and communities for support. Tactics include marches, hunger strikes, and prayer vigils. These have proven effective for unions and frustrating for employers. EFCA offers the opportunity to reestablish fair rules for collective bargaining, she says, and to lessen discord between labor and management.
Martin F. Payson is a partner at Jackson Lewis LLP. He specializes in labor and employment law, representing management. Contact him at PaysonM@jacksonlewis.com.
Michael J. Lotito is a partner at Jackson Lewis LLP and a leading authority on preventive strategies in the workplace. Contact him at LotitoM@jacksonlewis.com.
James J. LaRocca is an associate with Jackson Lewis.
Maria L. Ontiveros is a professor at the University of San Francisco School of Law. She received her J.D. from Harvard Law, and she has worked as an associate at the Heller, Ehrman, White & McAuliffe firm and as in-house counsel at Raychem Corporation.
