Fred Wszolek

For those who may have written off Big Labor’s agenda after they failed to push the Employee ‘Forced’ Choice Act (EFCA) through Congress last year, they may want to take a careful look at the actions being undertaken by President Obama’s Administration and they’ll quickly find that the job-killing movement is alive and well.

In fact, EFCA has been resurrected in three specific changes being advanced by the National Labor Relations Board (NLRB) and Department of Labor (DoL). And this should not be a surprise to anyone, as union bosses have been very clear that they expect Obama to pay them back for their political support and secondly, in the absence of EFCA, they would use unelected government bureaucrats within administrative agencies to enact portions of the law that failed to receive sufficient support from elected representatives in the Congress.

The NLRB and DoL are working to enact three sweeping rule changes that would restrict the freedoms of employers, while significantly shifting workplace power into the hands of Big Labor. Workers who would be directly and negatively affected by these changes are largely unaware that Washington, D.C. has declared war against them and jobs by advancing bureaucratic regulations that will increase unemployment and restrict hard-won liberties.

The NLRB is currently pushing two changes: quickie union elections and the formation of micro units. Both of these change decades-old board law and procedure that have not hurt unions, instead allowed them to win the majority of organizing elections and strengthened the collective bargaining unit that has been formed.

Successful union elections are still taking place with a 67.6 percent success rate. It is reported that unions brought in $8.8 billion in dues in 2010. So why the need for these rules changes? A closer examination shows that, quite simply, the Obama Administration is bailing out Big Labor with little to no regard for implications on workers due to the fact union membership has declined.

The proposed quickie election rule shortens the time for union elections from a median time of 38 days to as little as 10, depriving employees of the ability to make an informed choice on perhaps the most important issue they will face in the workplace: whether to unionize. The aim? To catch businesses off guard and leave them scrambling so that a vote happens before employees can study the facts. During an already difficult economic time, the proposal for quickie elections would place additional costs and burdens on small business owners, who lack the resources and legal expertise to navigate and fully comprehend the NLRB’s election processes.


Fred Wszolek

Fred Wszolek is a spokesman for the Workforce Fairness Institute (WFI).