Employee Free Choice

The Employee Free Choice Act is proposed legislation that would ensure that workers have a free choice and a fair chance to form a union.  The bill has 3 main features:

  • Majority Sign-Up. The legislation would give workers the choice of how to form a union: either by having a majority of employees sign union cards, or through a long and divisive election process. Under the current law, this choice can only be made by management.
  • Tougher Penalties against Employers. Employers who violate their workers’ rights to freely and fairly form a union will receive stiff penalties. Right now management only receives a slap on the wrist for violating our rights. 
  • Neutral Arbitration for the First Contract. If the employer and employees can’t reach agreement on a first contract in a reasonable period of time, then a neutral arbitrator will be assigned to reach a fair decision.

Today’s workplaces are tilted in favor of lavishly-paid CEOs, who get million dollar bonuses while middle-class families struggle to get by. The Employee Free Choice Act can restore the balance, giving more workers a chance to form unions and get better health care, job security, and benefits – and an opportunity to pursue their dreams.

Why is majority sign-up better than a “secret ballot” election?

  • The election process allows management to wage lengthy and bitter anti-union campaigns, during which workers can expect harassment, intimidation, threats and firings.  Delays of months and even years are common, during which management uses every imaginable procedural option to stretch out the process and frustrate the desire of employees to form a union.
  • Union elections are unlike any other kind of elections because of the power that management holds over employees—the power to deprive employees of their livelihood and to control their pay, hours and working conditions.
  • Management has almost unlimited and mandatory access to employees, while union supporters have almost none. This would be the equivalent, in a congressional election, of one candidate owning all the local print and broadcast media outlets and denying the candidate’s opponent any access to media.

Does the legislation eliminate “secret ballot” elections?

No, workers can still choose to go through the election process. The bill simply gives workers an alternative that is quick and simple, and gives us the right to choose. That’s why it’s called the Employee Free Choice Act. Right now only the employer can choose which process to use.


Walmart Workers for Change © 2010