How the Employee Free Choice Act Works: The Majority Sign-Up Provision
Give Employees the Choice to Form a Union Through an NLRB Election or Majority Sign-Up
Contrary to anti-union opponents’ ad campaign, the bill does not eliminate the “secret ballot” election for workers forming a union. Instead, it gives workers a choice between a National Labor Relations Board (NLRB) election, which ends with a secret ballot, or a process called “majority sign-up,” also known as “card check.” Both of these processes already exist. Under current law, however, the employer, not the employees, effectively decides which process to use.
Presently, for an NLRB election, 30% of the workers must sign cards and petition the NLRB for an election. Under current law, for majority sign-up, an outright majority of workers must sign appropriate cards and typically turn them into a third party neutral for verification. An employer, however, can refuse to recognize a union based on cards, and insist on an NLRB election, with rules and procedures that give anti-union employers dramatic advantages.
Under the bill, both processes persist, except, if workers choose to use majority sign-up, the employer would not have the right to veto workers’ decision to use majority sign-up. The bill does not touch the process for obtaining an election. Workers could choose to sign a card to be used for majority sign-up, a card to be used for obtaining an election only, or choose not to sign a card at all.
Why let workers decide to use majority sign-up?
Contrary to anti-union opponents’ ad campaign, the bill does not eliminate the “secret ballot” election for workers forming a union. Instead, it gives workers a choice between a National Labor Relations Board (NLRB) election, which ends with a secret ballot, or a process called “majority sign-up,” also known as “card check.” Both of these processes already exist. Under current law, however, the employer, not the employees, effectively decides which process to use.
Presently, for an NLRB election, 30% of the workers must sign cards and petition the NLRB for an election. Under current law, for majority sign-up, an outright majority of workers must sign appropriate cards and typically turn them into a third party neutral for verification. An employer, however, can refuse to recognize a union based on cards, and insist on an NLRB election, with rules and procedures that give anti-union employers dramatic advantages.
Under the bill, both processes persist, except, if workers choose to use majority sign-up, the employer would not have the right to veto workers’ decision to use majority sign-up. The bill does not touch the process for obtaining an election. Workers could choose to sign a card to be used for majority sign-up, a card to be used for obtaining an election only, or choose not to sign a card at all.
Why let workers decide to use majority sign-up?
- Studies show that workers who used majority sign-up experienced less coercion or pressure from either side than workers who used an NLRB election.
- Majority sign-up also results in less conflict and better labor-management relations than the election process.
- Majority sign-up is tried and proven. It is nothing new. It has been around since the National Labor Relation Act’s inception in 1935. In fact, in the early years of the NLRA, prior to changes in the law, employees could use the process without employers vetoing their will.
- Today, innovative and successful employers like AT&T and Kaiser Permanente, allow the process, without any significant problems, and 500,000 workers have organized through majority sign-up in the last five years alone.