About the EFCA
The EFCA has four primary points that will negatively impact employers in Michigan and across the United States:
EFCA would virtually eliminate the right of employees to make a decision on unionization in a private ballot election. Under the new law, unions will be able to circumvent the secret ballot by having 51 percent of the workforce publicly sign a card or petition. (see sample card)
EFCA requires binding arbitration on a first contract between the union and employer if no agreement has been reached within 120 days. A Washington D.C.-based arbitrator will make binding decisions regarding employee pay, health care, vacation policy and other personnel matters. Employers and employees will have no input regarding the terms of the contract but will be forced to abide by it for two years.
EFCA increases penalties on employers who violate the Act by tripling back pay for the discharge of union supporters during organizing and creating fines of up to $20,000 for repetitive violations. There are no increased penalties for violation of the Act by unions.
EFCA does not limit either the size or scope of employers who may be the subject of unionization. “Targets” for unions could include manufacturers, retailers, health care, service companies, insurance, or any other employer. Secondly, the law seemingly allows for “sub-sector” unions meaning that a union could try and unionize the “secretarial pool” or “engineering division” of a company.
This fact sheet and copy of the actual legislation will help you talk with employees about the EFCA.
