The three main provisions of EFCA include 1) Elimination of the Secret Ballot Election (return to card check), 2) Mandatory Arbitration after 120 days, and 3) Employer Fines. Unions and the current Administration are bent on achieving some or all of these provisions whether through legislation, rule changes or promulgation. The White House has provided the green light through its issuance of pro-labor Executive Orders and appointment of Craig Becker to the NLRB.
One of the most concerning rule changes from the Department of Labor (DOL) requires financial reporting by businesses with respect to expenditures for attorneys and other outside consultants when receiving advice on union organizing. Additionally, employers would be required to report meetings with employees by “an officer, supervisor, or employee” of the company concerning unionization. Violation of this law could result in a $10,000 fine and/or up to a year imprisonment. This is almost identical to the provision in EFCA for Employer’s fines and is what I believe to be the most coveted of the EFCA provisions by unions! Why? Because it opens the backdoor to Corporate Campaigns against businesses of all types and sizes!
This following is discussed at length in “The Devil at My Doorstep.” Unions will use this rule to file multitudes of Unfair Labor Practices (ULP’s) against targeted companies, whether they have merit or not, knowing that the NLRB (especially with Becker on the Board) will uphold most of them. The unions understand that under financial strain and possible imprisonment companies will cave. Cave to what? The union will show up at the Owner’s or CEO’s doorstep and say, “We can make all this go away if you just sign this Neutrality Agreement” (remember it’s the model for EFCA). Most companies will sign and EFCA is now in play!
How simple and efficient, but extremely destructive to business and personal freedoms, if we allow it to happen! The attached article provides an in-depth look at what is transpiring. I urge you all to contact your representatives today, voice your objections, and request they become involved to make sure these rule changes do not occur!