The Employee Free Choice Act was
introduced as bipartisan legislation by Sens. Edward
Kennedy (D-Mass.) and Arlen
Specter (R-Pa.) and Reps. George Miller (D-Calif.) and
Peter King (R-N.Y.).
1. Certification on the Basis of
Majority Sign-Up
Provides for certification of a union as the
bargaining representative if the National Labor
Relations Board (NLRB) finds that a majority of
employees in an appropriate unit has signed
authorizations designating the union as its
bargaining representative. Requires the board to
develop model authorization language and
procedures for establishing the validity of signed
authorizations.
2. First-Contract Mediation and
Arbitration
Provides that if an employer and a union are
engaged in bargaining for their first contract and
are unable to reach agreement within 90 days,
either party may refer the dispute to the Federal
Mediation and Conciliation Service (FMCS) for
mediation. If the FMCS is unable to bring the
parties to agreement after 30 days of
mediation, the dispute will be referred to
arbitration, and the results
of the arbitration shall be binding on the parties for
two years. Time limits may be
extended by mutual agreement of the parties.
3. Stronger Penalties for
Violations While Employees Are Attempting to Form
a Union or Attain
a First Contract
Makes the following new provisions applicable to
violations of the National Labor Relations Act
committed by employers against employees during
any period while employees are attempting
to form a union or negotiate a first contract
with the employer:
a. Civil Penalties: Provides
for civil fines of up to $20,000 per violation against
employers found to have
willfully or repeatedly violated employees’ rights
during an organizing
campaign or first contract drive.
b. Treble Back Pay:
Increases the amount an employer is required to pay
when an employee is
discharged or discriminated against during an
organizing campaign or first contract drive
to three times back pay.
c. Mandatory Applications for
Injunctions: Provides that just as the NLRB is
required to seek a federal
court injunction against a union whenever there is
reasonable cause to believe
the union has violated the secondary boycott
prohibitions in the act, the NLRB must seek a
federal court injunction against an employer
whenever there is reasonable cause to believe
the employer has discharged or discriminated
against employees, threatened to discharge
or discriminate against employees or engaged in
conduct that significantly interferes with
employee rights during an organizing or first
contract drive. Authorizes the courts to grant
temporary restraining orders or other
appropriate injunctive relief.
This fact sheet has been prepared
by the AFL-CIO. For more information regarding the
Employee Free Choice Act,
please call 202-637-5018.
AFL-CIO
www.EmployeeFreeChoiceAct.org