The Employee Free Choice Act proposes to amend the National Labor Relations Act, now incorporated into the U.S. Code as 29 U.S.C. §§ 151-169.
In general, EFCA purports to do three things: to streamline union certification (section 2); to facilitate initial collective bargaining agreements (section 3); and to strengthen enforcement (section 4).
Section 2 of EFCA amends Section 9(c) of the National Labor Relations Act (a.k.a. 29 U.S.C. 159(c)) and makes small conforming amendments to related passages elsewhere in the NLRA. Currently Section 9(c) consists of five sections governing when the National Labor Relations Board (NLRB) shall conduct hearings as to whether "a question of representation affecting commerce" exists between an employer and its employees. Inter alia it provides, in subsection 1B, that
"
If the Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof.
EFCA would add two new subsections to Section 9(c):SEC. 2. STREAMLINING UNION CERTIFICATION.
(a) In General- Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following:
(6)
Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes,
the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other (union or individual is) the exclusive representative of any of the employees in the unit,
the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a).
`
(7) The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include--
`(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and
`(B) procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.
Here's a thought....why not READ THE BILL? :think: :
Google is your TRUE "friend"...