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News :: Human Rights : Labor : Organizing : Politics
Hundreds in Mass kick off campaign for passage of Employee Free Choice Act
11 Dec 2008
On International Human Rights Day hundreds of community and labor leaders gathered to make the link between workers' rights and human rights. The Massachusetts campaign for Employee Free Choice Act will tie broad economic recovery to passage of landmark labor legislation.
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More than 100 representatives from dozens of community and labor organizations gathered on Dec. 10 in Boston to mark International Human Rights Day and kick off a statewide campaign to win passage of the Employee Free Choice Act.

The Employee Free Choice Act would give workers a simple one-step process to freely choose a union. It would also strengthen penalties for companies that intimidate employees from trying to form unions and provide for mediation and arbitration when employers and workers cannot agree on a first contract.

"We won our union with majority sign up," said Christian Kanonga, a guard with Northeast Security Company. "Now we've negotiated our first contract and won major improvements in our standard of living. That's an opportunity that I want for everyone else in this country."

"Management constantly threatened our livelihood and our retirement security if we were to form a union," said Kevin Simoneau, a former Comcast field technician who experienced employer intimidation. "Giving us a choice about how to form a union would be a much fairer way to gain a real voice at work."

"I was fired for supporting a union, even though I had an unblemished work record for 28 years at NCR," said Warren Chesley, a former NCR customer engineer. "We need the Employee Free Choice Act to strengthen the penalties when employers violate our rights."

"After we won our union, our managers were completely unreasonable about a wage increase. They just did nothing," said Ron Ascollilo, an engineer who has worked at the Colonnade Hotel for 3 years. "We couldn't get them to budge even though we were really united. The ability to have binding arbitration on our first contract would have really made a difference for us."

Employee Free Choice would give workers, not their employer, a choice in how to form unions, either after a majority of workers sign a card in support of a union or through an election procedure. To learn about the act, visit: http://freechoiceact.org.

"Employee Free Choice would give working families the ability to restore their standard of living and help put our country back on the road to economic stability," said Rev. Laurel Scott, a minister at the Centralville United Methodist Church and liaison for worker justice issues for the United Methodist Conference. "For people of faith, the dignity of workers, the dignity of work; and the concept of workers as partners in production are concepts that up until recently were disregarded by our leaders."

"We aren't going to take anything for granted," said Robert Haynes, President of the Massachusetts AFL-CIO. "We will hold all of our representatives accountable to the needs of working families."

"We are asking the Massachusetts delegation to do much more than just vote for it," Haynes continued. "We want them to use their strength and power on committees in Congress to get the rest on board. We want them to be leaders in the fight!"

Also speaking at the briefing was noted MIT Professor of Industrial Relations, Thomas Kochan. "If enacted, Employee Free Choice would restore prosperity to American workers. Right now, only one in ten union campaigns result in workers gaining a first contract. This law addresses the major weak spots in our existing labor laws."

"We won't get the economy moving again without the Employee Free Choice Act," Professor Kochan continued. "It will make sure that future bailouts or stimulus packages create the good jobs our communities need."

"Employee Free Choice addresses one of the central economic problems of our time: wage disparity," said Rich Rogers, Executive Secretary-Treasurer, Greater Boston Labor Council. "Allowing more workers access to collective bargaining will prime the pump of our economy."

"Unions bring diverse communities together. They help people to better understand one another," said Horace Small, Executive Director Union of Minority Neighborhoods. "The Employee Free Choice Act will help extend labor law protections to millions more workers - especially in communities of color."

The event was held at the SEIU Local 615 union hall in Boston and was chaired by Alexandra Pineros-Shields, Director of Immigrant Programs at the Irish Immigration Center.

Pictures from the Employee Free Choice kick off event are posted at:
http://picasaweb.google.com/randwilson.aflcio/EmployeeFreeChoiceCampaign

The groups attending the campaign meeting pledged to hold in-district meetings with members of Congress, visit newspaper editorial boards, gather thousands of pledge cards and rally workers across the state. Jobs with Justice will hold a special Workers' Rights Board hearing on the bill in early February.
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See also:
http://picasaweb.google.com/randwilson.aflcio/EmployeeFreeChoiceCampaignKickOffEvent
http://www.massjwj.net

This work is in the public domain.
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The Employee Free Choice Act (EFCA) NOW
13 Dec 2008
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Under current labor law, the U.S. National Labor Relations Board will certify a union as the exclusive representative of employees if it is elected by either a majority signature drive, the card check process, or by secret ballot NLRB election, which is held if more than 30% of employees in a bargaining unit sign statements asking for representation by a union. If enacted, this bill would require the NLRB to certify a bargaining representative without directing an election if a majority of the bargaining unit employees signed cards, the card check process.

Pursuant to the bill, a union can demand that an employer begin bargaining with it 10 days after the union is certified as the exclusive bargaining representative for an appropriate unit of employees via the card check. In addition, if the union and employer cannot agree upon the terms of a first collective bargaining contract within 90 days, either party can request federal mediation, which could lead to binding arbitration if an agreement still cannot be reached after 30 days of mediation.

Finally, the Act would provide for liquidated damages of three times back pay if employers were found to have unlawfully terminated pro-union employees. The EFCA also would impose a $20,000.00 penalty upon employers for each employer violation of the proposed legislation if the NLRB and/or a court deems the violation willful or repetitive.


10 KEY FACTS about the Employee Free Choice Act


America’s workers want to form unions. Research shows nearly 60 million would form a union tomorrow if given the chance.Too few ever get that chance. The Employee Free Choice Act would give workers a fair chance

Allowing them to form unions by signing cards authorizing union representation.

Providing mediation and arbitration for first-contract disputes

Establishing stronger penalties for violation of employee rights when workers seek to form a union and during first-contract negotiations.
In the 110th Congress, the Employee Free Choice Act had widespread support.

More than three-quarters of Americans—77 percent—support strong laws that give employees the freedom to make their own choice about whether to have a union in their workplace without interference from management.


Workers can still vote under the Employee Free Choice Act.


At any time, if 30 percent of the workers want an election, they can have one. And once they have a union, workers also vote to elect their union representatives.


First-contract arbitration is a key provision of the Employee Free Choice Act.

Here is how it works:

If a new union and an employer are bargaining for their first contract and are unable to reach an agreement within 90 days, either party may request mediation by the Federal Mediation and Conciliation Service (FMCS). After 30 days of mediation, if there is still no agreement, the dispute is referred to binding arbitration.


How will the Employee Free Choice Act help?


By giving workers the right to request mediation and arbitration, the Employee Free Choice Act guarantees that every worker who forms a union will get a contract. Likewise, by granting workers the recourse of mediation and arbitration, the Employee Free Choice Act eliminates the incentive for employers to bargain in bad faith. Knowing that delaying the process indefinitely is no longer an option,employers are much more likely to bargain in good faith.

The Employee Free Choice Act will dramatically reduce the delay, frustration and animosity associated with the current company-dominated system and union-busting tactics.


Union busting is a field populated by bullies and built on deceit.

A campaign against a union is an assault on individuals and a war on truth. As such, it is a war without honor. The only way to bust a union is to lie, distort, manipulate, threaten, and always, always attack. ”

Martin Jay Levitt, 1993,

Confessions of a Union Buster


Allowing working people to choose for themselves whether to have a union is the key step toward rebuilding America’s middle class. Union membership brings better wages and benefits and a real voice on the job It’s no accident that the 25-year decline in workers’ wages in our country has paralleled a 25-year slide in the size of the America’s unions.



The Employee Free Choice Act would put democracy back into the workplace. Majority sign-up would ensure the decision whether to form a union was made by majority choice, not by the employer unilaterally.



The Employee Free Choice Act has the support of hundreds of respected organizations and individuals—major religious denominations, academics and civil and human rights groups and others.


The AFL-CIO union movement is working in many ways to restore good jobs, health care and retirement security—but passing the Employee Free Choice Act is our top priority because we cannot create balance for working people or rebuild the middle class unless workers genuinely have the freedom to form unions for a better life.


Join the Million-Member
Mobilization Campaign

The Employee Free Choice Act can help reclaim the American Dream by restoring workers' freedom to form unions and bargain for a better life. Our goal is to gather signatures in support of this bill- 1 million voices calling for passage of the Employee Free Choice Act. But 1 million people is a lot of people. We won't reach our goal without your help and the help of your friends and family. Please support this bill and help us reach our goal of 1 million signatures—sign the petition today online at the SPFPA website www.SPFPA.ORG


To: The New President, Senators and Congress

I urge you to enact the Employee Free Choice Act immediately.

This crucial legislation will protect workers’ freedom to choose a union and bargain, without management intimidation. Allowing more workers to freely join unions and bargain with their employers will help rebuild the middle class by expanding health care, improving retirement security and raising the standard of living for America’s working families. My bargaining rights are worth working for and voting for!


A Message from the International Union, Security Police and Fire Professionals of America (SPFPA). The Largest, Oldest and Fastest Growing 9(b)(3) Security Police UNION in the World Today! www.SPFPA.ORG