Labor Issues  

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Background:

Since the Employee Free Choice Act (or ‘card check’) failed to pass Congress in 2009, the National Labor Relations Board (NLRB) has issued several rulings to implement similar processes through the regulatory process. Since August 2011, rulings such as the Employee Rights Poster Requirement, the ‘ambush election’ rule, and the Specialty Healthcare micro-union decision could be extremely detrimental to the franchise small business community.

The House of Representatives has acted to reverse these rulings in 2011 by passing the Workforce Democracy & Fairness Act, spearheaded by the Chairman of the House Committee on Education and the Workforce, Rep. John Kline (R-MN). At this time, the U.S. Senate has failed to bring the legislation up for a vote, although the IFA continues to work with the Coalition for a Democratic Workplace (CDW) to urge Senators to hold a vote on this pivotal act.

CDW has filed suit against the NLRB in numerous cases, including the ambush election rule, poster requirement, and President Obama’s unlawful recess appointments to the NLRB.

Key Points:
• The unlawfully appointed NLRB is attempting to enact portions of the failed Employee Free Choice Act through regulation, against the will of democratically-elected Congress.
• The ‘ambush election’ rule would shorten the timeframe for holding a union election to a mere 10 days, restricting an employer’s right of free speech by limiting communications with employees about the detrimental impact unionization could have on the business.
• The poster requirement would force employers to put up a biased, unbalanced poster encouraging employees to unionize.
• In the Specialty Healthcare decision, the NLRB approved the formation of micro-unions, tiny bargaining units that exclude employees with similar interests to the benefit of unions seeking certification.
 

Issues and Action:  

• IFA  Key Vote Letter to Senate Urging Disapproval of NLRB Ambush Election Rule - April 23, 2012

• Update on NLRB Employee Right Poster Requirement Court Ruling - March 2, 2012

• IFA Files Comments to the National Labor Relations Board February 22, 2011

• IFA Statement of Gail Johnson Before the House Committee on Education and the Workforce - February 8, 2011

• IFA Key Vote Letter Opposing Paycheck Fairness Act - November 15, 2010

BACKGROUND AND MEMBER ADVOCACY 

• EFCA’s Impact to Franchising 
• Talking Points for Franchised Businesses 
• An Empirical Assessment of the Employee Free Choice Act: The Economic Implications 
• An Empirical Assessment of the Employee Free Choice Act - Executive Summary 
• The Basics of Binding Arbitration 
• IFA’s Letter to Congress Opposing EFCA 
• Sample letter to Congress 
• Sample letter to Senators 
• Sample Op-Ed or Letter to the Editor 
• Communicating with Your Legislators on Card Check 

To look up your legislators, or learn more about your elected officials, please visit www.franchisingvotes.com.

For more information on the Employee Free Choice Act, including additional sample letters and articles, as well as detailed policy analysis and polling information visit the Coalition for a Democratic Workplace website at www.myprivateballot.com.  

For more information on this issue, please contact Jay Perron, Vice President of Government Relations at 202-662-0797 or jperron@franchise.org 

CARD CHECK/PRIVATE BALLOT PROTECTION NEWS

• IFA Signs Coalition Letter Supporting Job Protection Act - May 31, 2011
• IFA Key Vote Letter to Senate Opposing Craig Becker Nomination to NLRB - Feb. 4, 2010
• FRANCHISING AND THE REAL THREAT OF THE EMPLOYEE FREE CHOICE ACT Op-ed by David French, Vice President, Government Relations
• CONGRESS SHOULD REJECT BILL TO ELIMINATE PRIVATE BALLOTS March 10, 2009  "If enacted, this bill will severely harm small businesses across the country at a time when they are struggling to stay afloat," said IFA Vice President of Government Relations David French.