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TUC campaign for free choice in the USA

Issue date
Solidarity with American workers

TUC campaign for free choice in the USA

July 2009

More than 77 percent of Americans support strong laws that give employees the freedom to make their own choice about whether to have a union in the workplace without corporate interference. Allowing working women and men to choose for themselves is the key step toward rebuilding America's middle class, allowing union membership that brings better wages and benefits and a voice on the job.

The Act is supported not only by US trade unions, but by a whole range of others, including progressive employers, the Democratic Party and the President of the USA, Barack Obama, who sponsored the Act when he was a Senator, made it part of his campaign platform for the Presidential elections, and has repeated his strong support since his inauguration.

However, the legislation has to pass through the House of Representatives and the Senate before he can sign it into law, and some employers are mounting a fierce campaign against it (one of them even said - honestly, he did - that EFCA was 'a firestorm bordering on Armageddon'[1]!) Most of these employers (except Wal-Mart) aren't coming out publicly, but using front organisations to oppose the Act.

Why does the United States need new legislation?

The current labour law system does not work for US workers. The National Labor Relations Act (NLRA), which governs union formation and collective bargaining practices for most of the US private sector, requires that a majority of workers (at least 50 percent plus one) in the bargaining unit must authorise the union if it is to have any legal right to bargain a collective contract with the company. The failure to establish this majority means the union cannot exist legally for collective bargaining purposes.

Even if 50 percent plus one of the workers authorise the union to represent them for collective bargaining purposes by freely signing authorisation cards, the struggle rarely ends there. Although the company legally can recognise the union for collective bargaining purposes by means of the authorisation cards, the company also legally can refuse such recognition and collective bargaining, forcing the issue of a representation election conducted by the National Labor Relations Board (NLRB).

Companies deny workers the freedom to make their own choice about whether to have a union in the following ways:

  • in 25 percent of union organising campaigns, employees are fired for their pro-union sympathies and activity;
  • some 78 percent of companies require supervisors to deliver anti-union messages during organising campaigns; and
  • even if the workers manage to form a union, they are unable to achieve a collective contract from the company 44 percent of the time because of delays, stalling tactics and other forms of bad-faith bargaining.
What would the Employee Free Choice Act do?

Reliable and comprehensive research reveals that well over 50 percent of unorganised workers in the United States would join a union, but are unable to because of intimidation and retribution by the company.

The Employee Free Choice Act would begin to break this vicious cycle by doing the following:

  • removing current barriers that prevent workers from forming unions for collective bargaining purposes. The act provides that once a majority of employees has signed authorisations designating the union as the collective bargaining representative, the union will be certified by the NLRB without the need for an election. However, contrary to the current corporate propaganda against the Employee Free Choice Act falsely alleging it will take away so-called democratic, secret-ballot elections, an NLRB-conducted election still can take place if one-third of employees want it to happen. The difference is that it is the workers who will decide whether an election will take place - not the company.
  • guaranteeing workers a collective bargaining contract upon forming a union. The act provides that when a company and a newly formed union are unable to bargain a first contract within 90 days, either party can request mediation by the Federal Mediation and Conciliation Service. If no agreement is reached after 30 days of mediation, the dispute is referred to binding arbitration. This will eliminate the current employer incentives for delays, stalling and bad-faith bargaining.
  • strengthening penalties against companies that break the law during organising campaigns and first contract negotiations:
  • - civil penalties - up to $20,000 per violation against companies found to have wilfully or repeatedly violated workers' rights during an organising campaign or first contract negotiations;
  • - treble back pay - triples the back pay amount a company would be required to pay if an employee is discharged for union activity during an organising campaign or during first contract negotiations; and
  • - mandatory and equal application of injunctive remedies - requires the NLRB to seek federal court injunctions on a company if there is a reasonable cause to think such company has discharged or discriminated against employees on the basis of anti-union animus.
Why should UK workers support the Employee Free Choice Act?

There are two main reasons why we should support our brothers and sisters in the US trade union movement.

First, solidarity: the TUC has been requested by the American trade union movement (and our sister organisation, the AFL-CIO) to support them in their struggle for decent rights at work for American workers. It is a basic principle of trade unionism that an injury to one is an injury to all, and that we should support our fellow trade unionists when requested to do so.

But second, we have a direct interest in the development of US industrial relations. Employers are increasingly global organisations, and many of the companies which operate in the UK also operate in the USA. American companies operating here may import US practices into the UK, or UK companies with subsidiaries in the US may learn from their US experiences. The TUC and the AFL-CIO have already signed an agreement to co-operate on the sort of union-busting that exists in the USA, because we are concerned that US management practices may spread increasingly to the UK.

Plus, if we can assist our colleagues in the USA to secure better union rights, then that will directly benefit us because stronger workers' rights in the US will help spread those rights around the world, into other markets where exploitation of workers at the moment leads to downward pressure on wages and conditions in every labour market.

What can you do to support the campaign?

First, spread awareness of the campaign among your fellow trade unionists, friends and co-workers. Use this briefing, and an article about the campaign written by TUC General Secretary Brendan Barber.

Second, if your employer operates also in the USA (either because it is a US company operating here, a UK company with a US subsidiary or a company from a third country operating in both the US and the UK), urge them to support publicly the campaign for an Employee Free Choice Act - or at the very least, get them to agree not to oppose it. Check with your union head office first, though!

Third, if you are involved in a company pension scheme, your pension fund should also be alerted, because they will often invest in US companies. Again, talk to your union head office first.

Fourth, send a message yourself and encourage others to do so (we haven't produced model letters because something you write yourself will have so much more impact - but the TUC General Secretary's letter to the Prime Minister sets out some of the arguments).

  • Write to your MP asking them to support Early Day Motion 1896 on 'Union rights in the US'.
  • Write to Mr Richard LeBaron, Chargé d'Affaires ad interim at the US Embassy in London, explaining your support for the Employee Free Choice Act using the arguments in this briefing note and at the AFL-CIO site. It is the policy of the US Administration to support the Act, but it helps if they know there is support from around the world.
Where to find out more (including more ideas for action)

There is a vast amount of information - and links to other sources of information - on the AFL-CIO website.

Global unions (that your union may belong to) and the International Trade Union Confederation (of which the TUC is a member) have produced materials which you may find helpful and relevant.


[1] Randel Johnson, vice president, US Chamber of Commerce, The Wall Street Journal, 29 November 2008

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