CONSTRUCTION LAW Industrial The legal implications of the Free Choice Act might turn the tide in construction. BY TODD FREDRICKSON A CHANGING CLIMATE O rganized labor’s membership in the private sector has plummeted to 7.8 percent – an all-time low. As a result, unions have turned to an aggressive legislative agenda designed to tilt the scales in their favor. Among their priorities are the deceptivelynamed Employee Free Choice Act (EFCA) and the Re-Employment of Skilled and Professional Employees and Construction Tradeworkers (RESPECT)Act. EFCA, a bill that would radically alter 75 years of labor law governing the representation rights of employees, would fundamentally change three critical aspects of the National Labor Relations Act (NLRA): eliminating NLRBsupervised secret ballot elections in favor of “card check,” enabling unions to organize employees merely by convincing or coercing a majority of them to sign union authorization cards; changing the rules of bargaining by imposing mandatory mediation and interest arbitration on parties that are unable to reach an agreement on their own within 130 days; and subjecting employers to substantially increased penalties and remedial relief. The RESPECT Act would narrow the scope of individuals who would be considered supervisors under the NLRA. If passed, it would reduce significantly the number of employees considered supervisory (thereby increasing the number of employees eligible for union representation) and effectively would decrease the number of employees permitted to campaign on behalf of the employer in response to a union organizing effort. In effect, this act would deprive employers of individuals who are the eyes and ears of the company in responding lawfully to a union campaign. Practical Effects of EFCA Until now, an employer blindsided by an underground organizing campaign could respond during the ensuing six-week “cam- CONSTRUCTION-TODAY.COM DECEMBER 2009
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Table of Contents for the Digital Edition of Construction Today - December 2009