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NAM Prosperity Project

Tell your Member of Congress to Oppose the “Employee FORCED Choice Act” or Card Check Legislation in Any Form!

The misnamed Employee Free Choice Act (EFCA), or “card check” legislation, poses drastic consequences for manufacturers. We are urging members of Congress to oppose all votes on the EFCA and related union organizing legislation – in any form.

A small group of Senators are working behind closed doors to develop a modified version of the EFCA. However, the “variations” currently under discussion are just as onerous as the EFCA because they are based on the fundamentally flawed principles of the current legislation. Some of the alternatives being discussed include:

Ambush Elections: The EFCA’s card check provision has proven to be the most politically toxic and is not likely to be incorporated in any alternative version of the bill. However, several Senators have discussed replacing it with an equally concerning provision that would allow “ambush elections”. Under an ambush election scheme, union organizers could call for elections within five to 10 day days after submitting the necessary amount of authorization cards – cutting short the opportunity for employees to receive information regarding union participation.

Modifying Employee Access: Efforts to increase access by paid union organizers would only tip the balance of labor law in favor of labor unions. Employers are already limited in what they can say and do during organizing drives.

“Last Best Offer” Government Arbitration: EFCA’s binding arbitration provision poses the greatest economic threat under the EFCA. Labor unions are committed to seeking language in any variation of the EFCA to compel employers to accept the terms of a first labor contract within a date certain. 

Although there is much discussion of possible alternatives to this legislation, any proposal that stems from such fundamentally flawed legislation will harm manufacturers’ economic competitiveness and ability to create jobs.

Contact your members of Congress now to express your opposition to the EFCA in any form and make it clear that there is no way to “improve” this flawed legislation. Urge your elected officials to oppose all votes, including asking the Senate to vote no on cloture. If signed into law, this legislation will result in the loss of thousands of manufacturing jobs in the U.S.

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