Senate Set to Consider Employee Free Choice Act

The U.S. Senate is expected to debate legislation this week that would remove many of the obstacles faced by American workers who want to form unions.

EFCA Co-sponsors In the U.S. Senate 

Akaka, Daniel (D-HI) 
Baucus, Max (D-MT) 
Bayh, Evan (D-IN) 
Biden, Joseph (D-DE) 
Bingaman, Jeff (D-NM) 
Boxer, Barbara (D-CA) 
Brown, Sherrod (D-OH) 
Byrd, Robert (D-WV) 
Cantwell, Maria (D-WA) 
Cardin, Benjamin (D-MD) 
Carper, Thomas (D-DE) 
Casey, Bob (D-PA) 
Clinton, Hillary (D-NY) 
Conrad, Kent (D-ND)
Dodd, Christopher (D-CT) 
Dorgan, Byron (D-ND) 
Durbin, Richard (D-IL) 
Feingold, Russell (D-WI) 
Feinstein, Diane (D-CA)
Harkin, Tom (D-IA) 
Inouye, Daniel (D-HI)
Johnson, Tim (D-SD)
Kennedy, Edward (D-MA) Kerry, John (D-MA) 
Klobuchar, Amy (D-MN) 
Kohl, Herbert (D-WI) 
Landrieu, Mary (D-LA) 
Lautenberg, Frank (D-NJ) 
Leahy, Patrick (D-VT) 
Levin, Carl (D-MI) 
Lieberman, Joseph (I-CT) 
McCaskill, Claire (D-MO) 
Menendez, Robert (D-NJ) 
Mikulski, Barbara (D-MD) 
Murray, Patty (D-WA) 
Nelson, Bill (D-FL)
Obama, Barack (D-IL) 
Reed, Jack (D-RI) 
Reid, Harry (D-NV) 
Rockefeller, Jay (D-WV) 
Sanders, Bernard (I-VT) 
Schumer, Charles (D-NY) 
Stabenow, Debbie (D-MI) 
Tester, Jon (D-MT)
Webb, James (D-VA) 
Whitehouse, Sheldon (D-RI)
Wyden, Ron (D-OR)

The Employee Free Choice Act would give American workers greater freedom to make their own choices about joining unions and bargaining for better wages, benefits, and working conditions. The bill (S. 1041) would stiffen penalties for harassment, intimidation, and other illegal tactics employers often use to prevent workers from unionizing. 

The legislation also would recognize workers’ freedom to form unions when a majority of employees sign forms designating a union as their bargaining representative. This “card-check” process is permitted under current law, but only if the employer agrees. Most employers currently force workers to undergo an election administered by the National Labor Relations Board (NLRB), which in recent years has consistently ruled against pro-union workers. 

Retaliation Runs Rampant

In 2005 alone, more than 30,000 workers were fired or faced other forms of retaliation because they attempted to exercise their right to have a union in their workplace. Employers seeking to avoid unionization often close entire plants to avoid negotiating a union contract. 

“We’ve finally raised the minimum wage, but we still have a long way to go to restore economic security that has been lost during the Bush years,” said Sen. Edward M. Kennedy (D-MA) on the eve of the debate. “Working people aren’t getting their fair share of our economic growth,” he added. “Their hard work is producing skyrocketing corporate profits – not higher paychecks, better benefits, or better lives for their families. The best way to see that employees get their fair share is to give them a stronger voice.” 

The Senate EFCA bill mirrors a House version (H.R. 800) passed March 1 by a vote of 241–185. To date, 49 senators have joined Kennedy to co-sponsor the bill. Debate on the legislation is expected to begin Tuesday, June 19. A vote on final passage by the full Senate could occur on Wednesday, June 20. 

“Enacting the Employee Free Choice Act is our highest legislative priority,” union President William Burrus said. “If your senators are not already co-sponsors, I urge you contact them now to ask that they vote for the EFCA his week.” 

First-Hand Experience 

The APWU has witnessed first-hand the difficulties private-sector workers face under current law, Burrus noted, pointing to the union’s efforts to organize private-sector mail processing workers at a Wilmington, OH plant operated by DHL Express. The global delivery company has engaged in illegal union-busting tactics, the union charges. 

To help build momentum for the Employee Free Choice Act, APWU national officers, staff, and members of locals from as far away as Richmond, VA and Philadelphia, PA will join our brothers and sisters from other unions at a rally outside the Senate on June 19. The union is encouraging APWU members who can’t attend to take part in an online “virtual rally” to coincide with the Washington, DC event. To make your voice heard, click here.

For more information about the EFCA and to see how your U.S. Representative voted, visit the AFL-CIO’s Voice at Work Web pages.