Home > ADVOCACY > Where We Stand > EFCA Opposition

SAMPLE LETTER OF OPPOSITION - EMPLOYEE FREE CHOICE ACT
(please cut and paste onto your company's letterhead) 

Dear ???:

As an employer in the Buffalo Niagara region employing (???) people, I write in strong opposition to the Employee Free Choice Act (EFCA; S.560, H.R. 1409), or “Card Check” legislation, and urge you to oppose this legislation that will do great harm to America’s economy.

EFCA has three provisions, each of which I oppose:

The first provision, as you know, would require union recognition based on authorization cards signed by a majority of employees, effectively eliminating a secret ballot election in organization efforts. Unfortunately, in the effort to stop employers from unduly threatening employees considering unionization – a claim proponents of EFCA assert though National Labor Relations Board statistics refute – the “card check” system provides carte blanche opportunity for union organizers to use whatever intimidation tactics are necessary to secure signatures. It is no mystery why union organizers are often more easily able to acquire signatures than secret ballot votes – it is easier for an employee to exercise his or her “free choice” of voting against unionization in private.

Not surprisingly given the theme of the legislation, the second provision of EFCA pins increased, overbearing penalties on employers for certain violations of labor law. The fact that the legislation does not impose similar – or any – penalties on union organizers for similar infractions is a clear admission of the intent of the bill: to impose unions on employers and employees as swiftly and easily as possible. We agree that an employee should be able to make what is a very personal decision without intimidation. However, the very uneven playing field that EFCA would create could actually be described as encouragement for union organizers to use coercion tactics due to its complete, and we feel, intentional, lack of oversight.

Finally, the third provision would mandate binding arbitration should the employer and new union not reach agreement on a contract in as little as 130 days. The government-appointed arbitrator would be able to set all terms of a union contract, not limited to wages and benefits, but also including management rights clauses, work rules, use of technology, and other critically important provisions. This provision would completely overturn the longstanding principle that the parties are obligated to bargain in good faith, but are not compelled to agree to terms they believe will put them in jeopardy. Employers and employees will lose any opportunity to shape the contract if this provision is enacted.

As America fights its way through recession, doing business in a global economy has created challenges that we have not seen before. It would be detrimental to our economy for government to place further regulations, such as those prescribed by EFCA, on our nation’s job creators.

For these reasons I urge you to oppose EFCA as well as any procedural votes that would lead to its passage.

Sincerely,