In a widely anticipated move, Representative George Miller (D-CA) on February 5, 2007 introduced the Employee Free Choice Act in the 110^th Congress. The bill, H.R. 800, is virtually identical to the version that died in committee during the 109^th Congress.

If it becomes law, the Act would require the National Labor Relations Board to certify a union as the exclusive representative of employees without an election where “ a majority of the employees in a unit appropriate for bargaining has signed valid authorizations.” In addition, the Act would require parties who cannot agree upon the terms of a first collective bargaining contract within 120 days to submit the issues to an arbitration board, which would be empowered to settle the dispute. Finally, the Act would provide for liquidated damages of two times back pay for certain unfair labor practices.

In his remarks accompanying the bill’s introduction, Representative Miller stated:

The current process for forming unions is badly broken and so skewed in favor of those who oppose unions, that workers must literally risk their jobs in order form a union. Although it is illegal, one quarter of employers facing an organizing drive have been found to fire at least one worker who supports a union. In fact, employees who are active union supporters have a one-in-five chance of being fired for legal union activities. Sadly, many employers resort to spying, threats, intimidation, harassment and other illegal activity in their campaigns to oppose unions. The penalty for illegal activity, including firing workers for engaging in protected activity, is so weak that it does little to deter law breakers.

Even when employers don't break the law, the process itself stacks the deck against union supporters. The employer has all the power; they control the information workers can receive, can force workers to attend anti-union meetings during work hours, can force workers to meet with supervisors who deliver anti-union messages, and can even imply that the business will close if the union wins. Union supporters' access to employees, on the other hand, is heavily restricted.

The Employee Free Choice Act would add some fairness to the system . . . .

H.R. 800 has 231 co-sponsors, up from the 215 that co-sponsored the measure during the last Congress. This virtually assures that the Bill will receive more than the 218 votes it will need to pass the House of Representatives. Seven Republicans joined the 224 Democrats as co-sponsors. The Bill has been referred to the House Committee on Education and Labor.   A Hearing has been scheduled for February 8, 2007.

A companion bill is expected to be introduced in the Senate soon, but Senate rules make passage by that body much less likely.