Employee Free Choice Act

Employee Free Choice Act

Congressman Davis is a strong supporter and co-sponsor of the Employee Free Choice Act which amends the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations and provides for mandatory injunctions for unfair labor practices during organizing efforts.  The bill is sponsored by Rep. Miller of California.

The Employee Free Choice Act of 2009 amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit.

It sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition and revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief.

The Legislation requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative until the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bardaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights.

It also adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.

For more information on the Employee Free Choice Act please click here