Hedley Lawson, Jr.

With a new President getting ready to occupy the White House and the Democratic party controlling a strong majority in both the U. S. Senate and House of Representatives, one high priority action that will likely move swiftly through Congress and be signed into law by President-Elect Barack Obama will be the Employee Free Choice Act.

Do you as a business leader or owner know what this legislation means? If not, let’s take a look at what this legislation will mean to you and how it may affect your business.

A Brief Overview
Under the present National Labor Relations Act, employees must obtain from a mere 30 percent of their fellow colleagues in a defined work unit signed authorization cards expressing their preference to be represented by a union. Once this signed authorization threshold is obtained, those employees can file a petition with the National Labor Relations Board (NLRB) seeking a representation election.

Once validated, the NLRB must schedule a representation election, typically 39 days after it receives the authorization cards. During that period, but not 24-hours before the supervised election by the NLRB, both the company and the union, within specific and well-prescribed guidelines, can express their view about organizing or refraining from organizing and having representation by a union.

Proposed Change in the Law
If 50 percent plus one of your employees sign authorization cards favoring union representation, the NLRB—the federal agency that provides oversight and hears and decides disputes under the National Labor Relations Act—would certify that you recognize the new union as the legal representatives of your employees. And, as such, your business would become by law unionized.

So why is the Employee Free Choice Act so important to business leaders and owners? Simply put, should this Act move through Congress and be signed into law there will no longer be an opportunity by a business to present its view about union representation in an open forum and there will no longer be a secret ballot election—both principles that have been the foundation of the NLRA.

And for those employees who would prefer to work directly with their employer, they no longer have a voice—a vote or the ability to remain union free. The will of the majority prevails without those employees having the opportunity to utter a single word or have a vote in the outcome of the decision. Voting on measures that affect us is a fundamental right and freedom we all enjoy, and should be a right that all of your employees enjoy.

If you have not already familiarized yourself with this proposed legislation, you should do so. It is your right and that of your employees to fully understand this proposed legislation and to express your view with your elected U. S. Senators and with elected officials in the House of Representatives. While your voice may no longer be permitted if this measure is signed into law, you have the right to express your view.



Hedley Lawson brings over 25 years of optical industry experience to JMI. For over 10 years, he has been a contributing editor to VM, most recently as writer of the monthly column “Business Essentials.” In addition, he is the Contributing Editor of VM’s E-Newsletter Business Essentials.