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The Employee Freedom of Choice Act
The Employee Freedom of Choice Act would drastically change the private sector labor relations system that has been in effect since Congress enacted the National Labor Relations Act in 1935. Currently, the preferred method that requires an employer to recognize a labor organization as its employees' representative is through a secret ballot election supervised by the National Labor Relations
Board ('NLRB'). Further, prior to any election, an employer generally has a four- to six-week pre-election period to communicate to employees its position as to unionization. Additionally, even if a union prevails in an election, both sides are required to bargain in good faith without necessity of agreement to a proposal or the making of a concession.
For years, unions have complained that the election process is flawed and deprives employees of free choice in the selection of their bargaining representatives. Unions claim that employers unduly delay the scheduling of an election and use the pre-election period to threaten and intimidate employees, causing them to vote against unionization. Unions also argue that permitting an employer to engage in bargaining without direct government oversight frustrates their ability to achieve gains for their members.
Conversely, employers argue that union assertions of systemic employer abuse of the current system are hyperbole. They assert that the best method of protecting employees from intimidation and ensure that they have true freedom of choice is through NLRB-supervised secret ballot elections conducted after employees are provided with all information necessary to make a reasoned decision. Similarly, employers argue that even if there is a bargaining representative, they should not be subject to direct government oversight of negotiations, which is contrary to the free-market system.
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