Since Arlen Specter's party switch, people have been talking and writing about The Employee Free Choice Act (EFCA) and wondering what effect, if any, Specter's switch would have on the legislation.

How important is EFCA? To the economy, it could be very important.

The Service Employee International Union (SEIU), comprised of workers in the hospitality industry, estimates that EFCA's passage would be tantamount to a mini economic stimulus package pumping $49 billion a year into the economy.

Some were hoping that with the switch to the Democratic Party, Arlen Specter would give the Democrats enough votes to pass the legislation. But before becoming a Democrat, Arlen Specter was against EFCA. As a Democrat...nothing has changed. His reasoning was the idea that EFCA removes the secret ballot. That, however, is a myth.

Fiction: The "legislation would end the rights of employees to secret ballot elections."
– Center for Union Facts

FACT: The Employee Free Choice Act does not abolish elections or "secret ballots." Under the proposed legislation, workers get to choose the union formation process—elections or majority sign-up. Under current law, the choice to recognize a union rests only with employers.

What the Employee Free Choice Act does prevent is an employer manipulating the flawed system to influence the election outcome. When faced with organizing campaigns: 25 percent of employers illegally fire pro-union workers; 51 percent of employers illegally threaten to close down worksites if the union prevails; and, 34 percent of employers coerce workers into opposing the union with bribes and favoritism.

Some claims that card check will allow unions to intimidate people into joining. Those people claim that elections carried out using the rules from the National Labor Relations Act (NLRA) are more fair.

American Rights at Work commissioned a survey which was conducted by Rutgers University and Jesuit Wheeling University professors Adrienne Eaton, Ph.D., and Jill Kriesky, Ph.D. This survey found that there was far more intimidation from management then from unions.

Of all workers surveyed (election and card check combined), four times as many workers reported that management coerced them “a great deal” as opposed to the union (22% vs. 6%)...

...During NLRB elections, 46% of workers complained of management pressure, compared to only 14% of workers during card check campaigns reporting pressure from the union...

...Workers in NLRB elections were 53% more likely than those in card check campaigns to report that management threatened to eliminate jobs, and 28% more likely to report that management discriminated against union supporters...

Another study, entitled A Study of Illinois’ Majority Interest Petition Provision 2003-2009, found a similar trend in Illinois.

Since 2003, Illinois labor law has allowed public sector workers in municipal, county, state, and educational institutions to organize a union via a majority sign-up certification process...

...In the past six years, 21,197 public sector workers from a wide variety of industries have organized under the new guidelines, with the boards certifying 799 units. While just under 300 petitions were dismissed because the union failed to achieve majority support, literally zero petitions were thrown out because of labor coercion.

Obviously, the idea that unions intimidate people into joining is a myth. Card Check will not make a non-problem suddenly a big problem.

How about those NLRA elections? How fair are they?

Not very.

Employees are restricted from openly disseminating information: In elections for union representation, employers have monopoly control of media within the workplace. They can distribute anti-union information anywhere and at anytime, while pro-union workers are restricted to posting literature in the break area during break time. Unions are restricted to distributing material off-site...

...Employees are restricted from openly expressing their opinions: Employers are allowed to enforce a total ban on employees discussing the proposed union outside of the break room. Yet employers enjoy unfettered communication subjecting employees to mandatory staff meetings and one-on-one meetings with supervisors, often with the intent of intimidating those suspected of supporting union formation. Labor law provides no equal opportunities for pro-union workers to respond or present alternative viewpoints...

The Employee Free Choice Act will go a long way towards making union elections more fair. It will cut down on harassment from management and allow the will of the workers to take precedence. And it is sorely needed:

When faced with organizing drives, 25 percent of employers fire at least one pro-union worker; 51 percent threaten to close a worksite if the union prevails; and, 91 percent force employees to attend one-on-one anti-union meetings with their supervisors.

The video below outlines how workers can attempt to unionize today...and how incredibly difficult the process can be because it is designed to give all the power to management.