New Bill Would Make Unions Easier to Organize, According to Marc Katz

October 2, 2007

DALLAS (October 2, 2007) - The new Employee Free Choice Act, a bill recently before congress, would amend the National Labor Relations Act to make it possible for a union to be established at a workplace without the need for an employee election.

“There is tremendous support behind this bill, and employers should expect that it will become law in some fashion,” said Mark Katz, a partner at the law firm Bracewell & Giuliani’s Dallas office. “Moreover, there are implications of this bill that require immediate attention from employers.” 

Under the current law, in order to achieve recognition after getting the required signed petitions of support, a union must prevail in a secret ballot election administered by the National Labor Relations Board.

The Employee Free Choice Act would eliminate the need for an election if union organizers get the required signed authorizations by the majority of your workforce, and would generally require the NLRB to certify the union as the exclusive representative of the employees without an election.

 “A small shift in the balance of power in the Senate could give it the necessary votes for passage in the next session,” said Mr. Katz.  “Additionally, all current Democratic candidates for president have indicated support for the Employee Free Choice Act, which could be a factor should we have a change in party leadership in the White House.”

The bill also provides for mandatory arbitration of disputes over the terms of a first contract, as well as stronger penalties for certain unfair labor practices, including an increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first contract.

Labor unions are strongly pushing for the passage of this bill. In the current Senate, the bill failed to reach the 60 votes needed to cut off debate after a 51-48 vote that was strongly divided against party lines.

“The most important thing in union avoidance is to maintain a happy workforce. Resolve employee issues when they come up,” said Mr. Katz. “Have an open door policy and a realistic way for employees to communicate to management about their concerns.”