Employee Free Choice Act

EMPLOYEE FREE CHOICE ACT

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Ms. ESHOO. Madam Chairman, I rise in strong support of H.R. 800, the Employee Free Choice Act.

Despite the recent surge in high corporate profits, middle class families have actually lost ground financially due to the rising costs of education, healthcare, housing and transportation. Unfortunately, under the current system for forming unions, workers are routinely denied the right to determine for themselves whether to organize. Employees oftentimes face coercion, intimidation, and harassment from employers trying to discourage unionization. These tactics discourage workers from bargaining collectively for higher pay, more substantial benefits, and better treatment in the workplace.

The benefits of unionization are well known. Workers who belong to a union earn an average of 30 percent more than nonunion workers and are much more likely to have health care and pension benefits.

Under this legislation, if a majority of workers in a workplace sign valid cards authorizing a union, then the workers would be able to have a union. This process is already possible; however, current law enables employers to veto the formation of a union without an election administered by the National Labor Relations Board, NLRB.

The Employee Free Choice Act also institutes stronger penalties for employers violating the National Labor Relations Act during any period when employees are attempting to organize a union or negotiate a first contract with the employer. In 2005 alone, more than 31,000 workers received backpay because of unlawful employer behavior of this sort. H.R. 800 also provides for up to $20,000 in civil penalties for willful or repeated violations during an organizing or first contract campaign. These penalties provide a serious disincentive for employers engaging in anti-union tactics.

The decision to form a union should be in the hands of employees. This legislation provides people with the opportunity to make this decision freely and fairly and to bargain for a better life for themselves and their families.

I urge my colleagues to support this important legislation.

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