Surprise! You’re Union.
Thomas Wigand, a labor lawyer and well-known personage on the Rhode Island right, describes for the Providence Business News just what the Employee Free Choice Act would mean:
This new legislation is called the “Employee Free Choice Act.” Some have opined that the name is “Orwellian,” for EFCA quashes “free choice” by effectively eliminating secret ballot elections in union-organizing drives. It accomplishes this by mandating “card check” certification of unions. Under a “card check” regime, union organizers need only collect signatures from a simple majority of the targeted work force, upon which the union is “certified” and the entire work force is unionized.
This “card check” process leaves employees at the mercy of union organizers who, working singly and in groups, track down employees at work and in their homes. Experience shows they often subject employees to misrepresentations, which escalate to peer pressure and then to intimidation, until the employee finally relents and signs a union “authorization card.” So under EFCA the union (“candidate”) can solicit and collect the signatures (“votes”) by pretty much whatever means it deems necessary, and then declare itself the victor — exactly the type of “election” regime one would associate with a totalitarian state. …
The coming administration elevates the enactment of EFCA from “possibility” to “likelihood,” though uncertainty as to enactment remains. What is certain is that employers wishing to preserve their union-free advantage should not wait for enactment before responding to this threat. Employee signatures are valid for one year — so even now organizers could be quietly collecting inventories of signatures, readying themselves to pounce on unsuspecting companies immediately after enactment, announcing that their workplace is “now union.”
If the EFCA were to pass (which it shouldn’t), it seems only fair to add an amendment that would allow employers and anti-union activists to accumulate signatures for a petition that bans unions, or at least requires them to campaign and seek votes.