What does an Obama presidency mean for employers?
One aspect of Barack Obama's presidency that has been unreported lately (what with all the talk about recession, bailouts, and war) is the potential for changing the laws that allow employees for enter into collective bargaining agreements (i.e. form a union). Currently, the National Labor Relations Act (1935) protects most employees who engage in collective bargaining; however, the EFCA would significantly alter many of the mechanisms that govern this process.
Obama supported the Employee Free Choice Act prior to the election, but it was narrowly defeated in the Senate in 2007. Many feel that it is just a matter of time before Pres. Obama revives the EFCA, which would make it much easier for employees to unionize.
One of the most significant changes posed by the EFCA involves the six week period before the "card check" and a secret ballot election to establish a union.
According to Diane Stafford at the Kansas City Star:
Currently, if union organizers get 30 percent of employees in a work group to sign union-interest cards, the National Labor Relations Board
orders an election. A secret ballot election is held about six weeks
later, giving both union and employer time to campaign pro or con.
The
Employee Free Choice Act would change the organizing rules. If a
majority of employees in a work group sign a union card (that’s the
“card check”), the union would become the official bargaining unit — no
more six-week waiting period giving employers time to make a case
against the union; no more subsequent election.
Pro-union activists argue that this six week period allows the employer to (illegally) threaten, intimidate, browbeat, and otherwise harass employees that are in favor of unionization. By many accounts, pro-union employees are frequently terminated to serve as an example to others. In addition to eliminating the six week waiting period, The Employee Free Choice Act would greatly increase the penalties for unlawful anti-union tactics.
I have always been kind of undecided on unions. I see the need in some cases, but I also feel that they offer too much protection for poor performing employees, and can have the effect of making the targeted industry uncompetitive.
One more thing -- My brother Adam is currently living in Los Angeles, trying to work as an electrician/grip in the movie industry, a job the basically requires him to join a local union. Try as he might, however, it is virtually impossible for a new employee to get into the union. Regardless of how you feel about unions, I don't think this kind of arrangement is fair or efficient. If Obama does support legislation aimed at making it easier to form unions, I hope he also addresses these types of measures, which frustrate attempts by new employees to enter the job market.
Unions can be a fairly controversial topic, and I am interested in your opinion pro or con. Let me know what you think in the comments.