Even though the National Labor Relations Act—which established the legal right to form unions and negotiate for better benefits, pay, safety standards and working conditions—was enacted in 1935, employers across the country continue to use threats, coercion and intimidation to block workers’ efforts to unionize. For that reason, Sen. Edward Kennedy (D-Mass.) and Rep. George Miller (D-Calif.) on Nov. 21, 2003 introduced the Employee Free Choice Act (S.1925 and H.R. 3619). The proposed legislation ensures that when a majority of employees in a workplace decide to form a union, they can do so without the debilitating obstacles used by employers to block their workers’ free choice.
“We like to think that workers are free to join a union,” Kennedy stated. “But too often that basic aspect of freedom is denied in our modern society because hard-line corporate managers succeed in denying a fair choice by workers.”
Miller added, “We are here…to demand for workers in America the basic legal, labor and human rights by which we judge other nations around the world: the freedom of association and the right to collectively bargain.”
The AFL-CIO picked Dec. 10—International Human Rights Day—to highlight the fact that U.S. labor laws not only do not protect workers who want to organize unions, but in many cases facilitate employers’ efforts to block them. Civil rights leaders, Democratic presidential candidates and major labor advocates stood with tens of thousands of workers at 90 events in 37 states that day to ask that their rights be recognized.
Workers at many of the marches, press conferences, hearings and other venues spoke about the opposition they have faced in attempting to exercise their right to form a union.
“Behind the closed doors of the workplaces of America, workers face incredible—often ruthless—opposition when they try to come together in a union,” said AFL-CIO President John Sweeney. “These employers are literally robbing working people and their communities of better lives. At a time in our nation when the middle class is shrinking, when the gap between the rich and poor is growing, workers deserve the right to form a union to win a real voice on the job through collective bargaining.”
Federal labor law protects workers’ freedom to form unions—in theory. In reality, employers’ most powerful tactics to suppress workers’ freedom to form unions are legal under U.S. law. Others, such as firing workers for union activity, are technically illegal—but are penalized so lightly or enforced so poorly that the law is no deterrent.
The Employee Free Choice Act will:
- Allow employees to freely choose whether to form unions by signing cards authorizing union representation.
- Provide mediation and arbitration for first contact disputes.
- Establish stronger penalties for violation of employee rights when workers seek to form a union and during first contract negotiations.
Members of Congress appear to be listening to the workers. In less than three months, 155 members of the House and 27 senators had agreed to co-sponsor the bill. Union members are encouraged to get involved with the nationwide campaign by calling their U.S. senators (202) 224-3121 and representatives (202) 225-3121, and urging them to co-sponsor the Employee Free Choice Act.
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