Employee Free Choice Act Far From Dead
Rumors of the death of The Employee Free Choice Act have been greatly exaggerated. Today’s New York Times discussed further changes to the bill, including possibly dropping the “card check” provision of the legislation. But before employers take a victory lap, read carefully.
For sure, the card check provision - which has been a central plank of the legislation and would have eliminated secret ballot elections by automatically certifying a union – was a huge concern for employers, and even called un-Democratic for the lack of privacy in voting. But removal of this provision comes with other compromises - including possibly barring companies from holding mandatory employee meetings during an organizing campaigns, and requiring elections in a very fast timeframe after cards are signed. It also may be required for Companies to allow organizing right on their property. These compromises are still significant changes that fundamentally alter the dynamics of organizing efforts.
What does this mean for employers?
- You MUST have a direct relationship with your employees….which included interactive exchange and conversation – not just “messages.” Employees need to understand the benefit to them of a direct relationship with their employer
- Difficult decisions, and those that have an impact on employees, need to be communicated and “sold” – not just implemented.
- Employees must feel they are getting a fair deal…it isn’t enough to treat them fairly – they need to believe and acknowledge that they are being treated fairly.
- You need a campaign in a box before the organizers arrive – this enables you to act quickly to build on your foundation of “exchange” and educate employees before they have to make a choice that will impact them – and you – forever.
Unions count on the fact that big corporations aren’t nimble, and can respond with speed and effectiveness. The time to think about creating a better foundational relationship with your workplace is now.
Carreen Winters can be reached at cwinters@mww.com