Free Choice? —Polischuk

EFCA is pending federal legislation that, if passed, has the potential to significantly alter labor relations for years to come. In essence, the law would make it much easier for unions to win the right to represent workers in a company, i.e., to unionize the workforce. Proponents, which, as you can guess, include union supporters, say that the current law favors management and has denied workers the right to unionize.

If passed, the law would have a major impact on the private sector. That is why the Flexible Packaging Association (FPA) invited Thomas Smith of the law firm Jackson Lewis LLP (www.jacksonlewis.com) to make a presentation on the topic at its recent annual meeting. 

Two key aspects of EFCA include the potential for replacing the current National Labor Relations Board (NLRB) supervised secret ballot election process with a card-signing process in which a majority of employees signing an authorization card would result in union certification; and, after 120 days of unsuccessful bargaining, mandatory arbitration that would impose a two-year contract.

I believe, along with many opponents of this bill, that these two provisions would cause serious problems. First, the lack of a secret ballot could expose employees to excessive peer pressure and possible coercion. When asked his opinion on the use of “card check” on a CNBC interview on March 9, investor Warren Buffett said, “I think the secret ballot’s pretty important in the country. I’m against card check, to make a perfectly flat statement.” 

The second item would put important company management decisions in the hands of arbitrators who, by definition, have no stake in the business. This should never happen—only the owners/management of a company should define its competitive positioning in its particular marketplace.

These two provisions have other related issues surrounding them, and there are other aspects of the bill worth noting, such as the potential for triple damages imposed on employers. Managers and owners of printing companies should learn all they can about this bill.

In suggesting how the FPA attendees should prepare for EFCA, Smith cited a number of items that basically relate to good management practices for employee relations. In the end, it can be summed up by one of his key points: “If you are doing the right things, EFCA should not make a difference.” Stay tuned.

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