Federal employment law may change even though EFCA may be stalled: HR Hero Line

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Employment law may change even though EFCA may be stalled

May 15, 2009

The much-publicized Employee Free Choice Act (EFCA), recently reintroduced in Congress, hit an obstacle when Senator Arlen Specter (D-Pennsylvania) declared that he would not support it. Since then, several other centrist senators have expressed their opposition to the bill as written, but it is widely reported that negotiations are underway for a compromise version. While the opposition will probably preclude EFCA's passage in its current form, that doesn't mean other legislation won't be proposed to make it easier for labor unions to gain the right to represent employees. Read on to learn more.

Ramifications of proposed federal employment laws: EFCA, RESPECT Act
Sponsors of the EFCA may modify it to make it more acceptable, and other labor union-sponsored bills, such as the Re-Empowerment of Skilled and Professional Employees and Construction Tradeworkers (RESPECT) Act, remain in the wings. The RESPECT Act would change the law so that many working supervisors, who now are treated as members of management, would be entitled to union representation just as rank-and- file employees are.

If any of these bills becomes law, it will have profound ramifications for all employers subject to federal labor law -- particularly those that aren't unionized. Employers would be well advised to take prudent precautionary steps now. Here's why:

Under the Obama administration, the National Labor Relations Board (NLRB) will be controlled by more union-friendly members.

Even centrist senators profess support for changes in federal employment law that would make it easier for labor unions to organize employees.

Proposed legislation such as the RESPECT Act would significantly strengthen unions.

Employers that believe they and their employees are better served by dealing directly with each other are being proactive and taking measures now to be better prepared if and when any of these changes become law. Among other things, they are taking steps to ensure that their employees are well treated and will not feel the need to seek union representation to achieve the dignity, respect, competitive wages, and benefits they deserve.

To advance their efforts, employers are training their supervisors to be effective leaders and involving employees in decisions that affect them. They are also updating their employee policies and making sure that their employee communication and problem-solving systems are working as intended. Waiting until the law is actually changed may, in many cases, simply be too late for effective action.

What you can do now
There are many things employers can do to promote employee satisfaction and make it less likely that employees will feel the need to seek outside representation, including making specific changes to personnel policies, implementing communication guidelines, and training supervisors to recognize and respond effectively and lawfully to union-organizing activities.

These policies and practices may be continued during a union-organizing drive. Some of them, however, may not be adopted after an organizing drive starts, so it's important to implement effective measures before a union appears on the scene. A discussion with experienced labor counsel now could save you a significant amount of money and prevent heartache in the not-too-distant future.

Learn more about preventing labor unions from organizing your company by watching the Union Avoidance Virtual Summit

Copyright 2009 M. Lee Smith Publishers LLC. WASHINGTON EMPLOYMENT LAW LETTER. WASHINGTON EMPLOYMENT LAW LETTER is not intended to be and should not be used as a substitute for specific legal advice, since legal opinions may only be given in response to inquiries regarding specific factual situations. If legal advice is required, the services of counsel should be sought.

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