GPCC Opposes the Employee Free Choice Act Because EFCA Would Eliminate Workers’ Private Ballot on Unionization

The Greater Philadelphia Chamber of Commerce (GPCC) is urging federal lawmakers to oppose the Employee Free Choice Act (EFCA) legislation that, if accepted, would strip workers’ right to a federally supervised, private ballot process in union elections.

EFCA, commonly referred to as “card check” legislation, would change the way that union elections are conducted by eliminating employees’ right to privacy. Currently, employees can decide to unionize through a secret ballot election under the constant supervision of the National Labor Relations Board (NLRB). EFCA would instead allow a simple “card check” that would theoretically represent the true intent of the employee.

“An employee’s freedom to choose whether to join a union must continue under the protection of a federally supervised private ballot election,” said David L. Cohen, Chairman of the GPCC Board.

The GPCC strongly believes that under this system the election process could become open to the possibility of corruption and intimidation and that the open elections would inaccurately represent the will of the workforce.

“By taking away the workers’ freedom to choose without subtle or overt coercion, there is a legitimate concern that these open elections would inaccurately represent the will of the workforce,” said Mark Schweiker, GPCC President & CEO. “This would compromise the very foundation of our democracy.”

Also under this legislation, if an employer and a union are engaged in bargaining for their first contract and are unable to reach agreement within 120 days, a government arbitrator would resolve the dispute. The ruling determining wages, benefits, and hours would be binding on the parties for two years. Rather than recognizing the two parties’ good faith efforts to reach an agreeable compromise, the EFCA strips the incentive of employers and unions to adopt realistic bargaining positions as each would be posturing for the arbitrator who later comes into play.

In January, GPCC sent letters to six U.S. Senators representing Greater Philadelphia, as well as the region’s members of the U.S. House, and urged them to oppose EFCA. In addition, the Chamber has allied with the U.S. Chamber of Commerce and the Pennsylvania Chamber of Business and Industry to strengthen its advocacy efforts in the region and in the capitol.

The GPCC has also urged its 5,000 member companies and organizations to contact their elected federal representatives to expression their opposition to the EFCA legislation.