Washington, D.C.--Congressman Eliot Engel is calling for the swift passage of the Employee Free Choice Act, (HR 1409), which was re-introduced Tuesday and will be referred to the House Education and Labor Committee before coming to the full House for a vote. Rep. Engel is an original co-sponsor of the legislation.
“This necessary bill evens the playing field for America’s workers after decades of unfairness. My father was an ironworker and a member of his local union. I witnessed firsthand the struggles employees went through in order to organize their workplace. I also saw how easy it was, and still is, to fire union organizers with impunity. This unlawful practice happens all the time and employers receive just a slap on the wrist,” said Rep. Engel.
As America attempts to recover from the economic crisis, an important tool in reviving the struggling middle class is to allow workers to collectively bargain for fair wages and benefits. Union workers earn at least 28 percent more than non-union workers and are more likely to have health and pension benefits. The Employee Free Choice Act will restore workers’ freedom to improve their lives by forming a union free from employer intimidation and interference. In the current system, employers are able to routinely intimidate, harass and even fire workers who support establishing a union. Twenty-six percent of all organizing drives result in at least one unlawful termination. Ramifications for employers that take part in union busting are far from substantial and businesses treat these sanctions as merely the cost of doing business.
The Employee Free Choice Act will benefit workers in the following ways:
* Gives workers a choice to form a union through majority sign-up or through the National Labor Relations Board (NLRB) election process. Currently, employers can veto the sign-up process – this legislation would allow the NLRB to certify a majority sign-up;
* Guarantees a first contract through mediation and arbitration. If an employer and a new union are unable to reach agreement in 90 days, either party may refer the case to the Federal Mediation and Conciliation Service. If after 30 more days there is still no agreement, then it will be referred to arbitration with the results binding for two years. Under current law, employers are under no obligation to reach an agreement.
* Strengthens penalties for violations against workers trying to organize or negotiate a first contract. It allows for the same protections for unions and employees against discrimination or improper negotiation tactics as currently exist for employers. It increases back pay for employees who were illegally discharged or discriminated against. It also provides for civil fines of up to $20,000 per violation.
“I was a proud member of the American Federation of Teachers when I was a public school teacher and a guidance counselor in New York City. I learned first-hand of the personal benefits to collective bargaining, and I discovered the security of having thousands of fellow union members behind me if I ever needed them,” said Rep. Engel.
He added, “Unions play an integral part in making America the economic superpower it has long been. While this legislation will not put workers on even footing with employers, it will help bridge the ever-widening gap between workers’ rights and corporate rights. We owe unions and their members tremendous gratitude for their efforts to successfully negotiate the 40-hour work week, paid vacations, improved safety measures, minimum wage and pension benefits, among others. The Employee Free Choice Act will restore workplace fairness, which has fallen by the wayside in recent years.”
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