County Board of Supervisors Backs EFCA

The San Mateo County Board of Supervisors on April 10 passed a resolution authored by Supervisor Rose Jacobs-Gibson supporting the Employee Free Choice Act (EFCA), H.R. 800 in the US Congress. Supervisor Mark Church introduced the resolution.

EFCA was introduced by Sen. Edward Kennedy and Rep. George Miller, and was passed in the House of Representatives by a vote of 241 to 185 on March 1. The bill is now pending before the Senate. The Board of Supervisors’ resolution would direct the Clerk of the Board to send copies of the resolution to the President and to all Members of the United States Congress representing the County of San Mateo.

If the EFCA becomes law, the Act would require the U.S. National Labor Relations Board (NLRB) to certify a union as the exclusive representative of employees where “a majority of the employees in a unit appropriate for bargaining has signed valid authorizations.” This new provision would eliminate any requirement that the NLRB poll the members of the unit by secret ballot whenever a majority of the members have already submitted their names by petition to the NLRB. In addition, the Act would require parties who cannot agree upon the terms of a first collective bargaining contract within 120 days to submit the issues to an arbitration board, which would be empowered to settle the dispute, and also enhances penalties against employers who retaliate against union organizers.

In a letter supporting EFCA, Supervisor Church wrote that, “Representative Miller and the 233 co-sponsors of this bill, including Representatives Eshoo and Lantos, have addressed a significant flaw in the process of union organizing. That effort deserves the Board’s support.

“The key provisions of this bill are designed to eliminate the ability of employers to use the period before a secret ballot to engage in unfair labor practices to defeat the unionization effort. According to the authors of the bill, such tactics have included retaliatory firings during union organizing drives, or aggressive misinformation campaigns against union organizers, such as mandatory anti-union meetings and presentations which often include implications that the business will close if the union wins the secret ballot. These tactics undermine the right to unionize.

“H.R. 800 represents an important step toward civility and amity between union organizers and employers. Its most important provisions give union organizers a process by which the union’s proposed members can make a rational decision amongst themselves without coercion or intimidation by management. It also enshrines the important values of conciliation by arbitration and a commitment to enforcing fair labor practices following an organizing drive.

“The County of San Mateo should voice its endorsement of the approach to employer-employee relations represented by H.R. 800, and give an official voice to the numerous County residents who stand to benefit from its provisions if passed,” Church wrote.