The public debate over the Employee Free Choice Act is increasing, but almost all the attention on both sides is being focused on the card check recognition aspect of the legislation. While there is no question that card check will make organizing dramatically easier for unions, many organizations have successfully remained non-union for years with card check recognition or neutrality agreements in place. Is it harder? Yes. Is it more expensive and time consuming? Absolutely. But it is happening in all sorts of industries.
The problem is that these are very large organizations with the resources to establish and maintain human resource programs that can build internal resistance to union organizing. Most smaller organizations do not have these resources available. And therein lies the problem. The median number of people participating in National Labor Relations Board elections the last two years is 24. This means half of all elections were in units of 24 people or less. Without a secret ballot, just a few knuckleheads sign cards and the union is certified. Realistically, unions should be able to petition for certification in three to four times as many organizations, particularly smaller units, if the legislation passes. That would result in 15,000 to 20,000 petitions per year.
This is where it becomes really dicey. After a union is certified, collective bargaining must begin within 10 days and can last no longer than 90 days. After that, a Federal Mediator will be assigned to try to bring the parties to agreement. (read Part II tomorrow to see where this leads…)