Here is part 3 of the Q&A portion of our EFCA webinar.
Q21. What is considered a “majority” during card? Is it 51%
Chris: 50% plus one card.
Q22. We already have 1 union representing 3/4 of our EEs. Could another Union come in under EFCA & replace the current union with Card check?
Chris: Interesting question. I think the answer is no. I assume for now that you have a contract covering your represented employees. As long as there is a contract in place and it isn’t longer than 3 years, the current union will continue to represent the employees for the life of the contract.
Q23. What impact will EFCA have on companies with existing unions?
Chris: Not much. EFCA was intended to organize the unorganized – not to allow unions to raid or poach each other’s members. That said, employees represented by Union A could decertify (assuming the legal timing allows it) and more easily bring in Union B via card check. Also, keep in mind that if you have a group of employees who are represented by a union, nothing would stop the same or another union from using card check to organize your unrepresented workers.
Q24. Do you see a rise in retail being targeted?
Chris: Yes.
Q25. What is the process to decertify under EFCA? Is there a minimum time frame before employees could do that?
Chris: EFCA is silent on decertification. I interpret that silence to mean that the existing decertification process will remain in place.
The law permits union-represented employees to decertify their union at specific times: (a) more than 12 months after certification assuming they are not covered by a collective bargaining agreement; (b) any time after the expiration of a collective bargaining agreement, and before a new agreement has been reached; and (c) when the decertification petition has been filed at least 60, but less than 90, days prior to the expiration of a 3-year agreement (or if the agreement is longer than 3 years, the petition must be filed 60-90 days before the end of the 3rd year of the contract). The 60-90 day period is 90-120 days in health care.
Q26. What can companies do now to influence the House & Senate vote? (Where best to put our energies and funds?)
Chris: We believe that EFCA will move through the House fairly easily, so the real battle will probably be in the Senate. EFCA’s supporters very much want a filibuster-proof majority in the Senate, and they are close. The best hopes to derailing EFCA is in targeting Democrat Senators from states that have traditionally been Republican. Also, Democratic Senators who are up for reelection in 2010 are potentially vulnerable.
Q27. My organization is a public entity. Will EFCA impact us? I have been told the passage would have to go to the voters? Is this correct?
Chris: No. EFCA is an amendment to the National Labor Relations Act and does not apply to public sector employees. I am not aware of any circumstances that would require EFCA to go to the voters.
Q28. Who authored this bill?
Chris: Likely someone from the AFL-CIO‘s legal department or someone else with a similar job in the world of organized labor. The bill most likely will be introduced in the House by Rep. George Miller (D-Cal.) and Tom Harkin (D-Iowa) and in the Senate by Ted Kennedy.
Q29. How far back will signed authorization cards count toward a card check if EFCA is passed?
Chris: Good question. EFCA itself does not address that important issue. Current law is that an authorization card remains viable for the duration of the union’s campaign. What does that mean? It depends on the circumstances, but generally, cards are considered valid for one year; some cases say more; some say less.
Q30. How will this affect the Federal Sector?
Chris: It won’t. EFCA amends the National Labor Relations Act, which does not apply to public or federal sector employees.
