Obama/Pelosi/Reid's Employee Free Choice Act Farce

In January, 2011, there is a new sheriff in town in the House of Representatives, and the Reid/Pelosi juggernaut has to realize that if they want to get their biggest union payoff through, it will have to happen in the Lame Duck session of congress that begins today. Unfortunately, as seems to be the case with much of the legislation out of congress, the "Employee Free Choice Act" (EFCA) (H.R.1409/S. 560) is neither about free choice nor the employees.

By changing the basic representation approval structure, the EFCA would eliminate and employees right to a secret ballot election. It would put in its place, a process which is in favor of automatic recognition based on signatures collected on cards during a union's organization phase, hence it's nick name, "Card Check". The EFCA would require the National Labor Relations Board (NLRB) To automatically recognize and notify the employer of the need to begin collective bargaining based solely on a simple majority of card check signatures collected. Now, it's not hard to see that the ONLY beneficiary or this is the Union. It allows unions to avoid an election which, all to often lately, they have been losing. The net benefit to the unions is financial, by avoiding a vote and using signatures only , unions could increase their membership without opposition and consequently, increase the dollars paid in dues. In an environment with ever shrinking Union Membership, the Unions need a way to rig the game in their favor, and the Employee Free Choice Act does just that.

The EFCA on the other hand is extensively negative towards employers and employees. Of the (4) parts of the bill, none of them provide any net benefit to either employees and employers. For the employer, the net effect is that, at least initially, a union could be forced on them without the employer having the opportunity to respond to the unions charges of misconduct. Employees would lose their anonymity and would accordingly open themselves up to intimidation but not only employers but Union Organizers and potentially fellow employees. The remainder of the bill is a way to further deny a company due process as well as stifle their right to free speech. The EFCA gets this done primarily via a massive increase in fines and an addition of penalties for violations of NLRB regulations. Interestingly enough, there is no increase in fines, or additional penalties added to violations of these same regulations by Labor Unions.

Perhaps on of the "Unintended" consequences of this law, if passed, would be to weaken the publics confidence in a free, fare, and anonymous election process. It is, on its face, a potential violation of an American employee's right to privacy. While this right is not specifically enumerated in the constitution, the US Supreme Court has recognized that it exists and as such, the EFCA is a massive attempt to subvert the constitution and the rights of employees and employers.