[Peace-discuss] some Employee Free Choice Act resources
E. Wayne Johnson
ewj at pigs.ag
Sun Oct 26 15:58:40 CDT 2008
This section appears to be quite offensive, allowing the federal
government to step in when labour and management cannot agree,
and to make a judgment in "mediation". It is no wonder there were many
votes against. This
is bad law further increasing the encroachment of government on private
enterprise.
SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
`(h) Whenever collective bargaining is for the purpose of
establishing an initial agreement following certification or
recognition, the provisions of subsection (d) shall be modified as
follows:
`(1) Not later than 10 days after receiving a written
request for collective bargaining from an individual or
labor organization that has been newly organized or
certified as a representative as defined in section 9(a), or
within such further period as the parties agree upon, the
parties shall meet and commence to bargain collectively and
shall make every reasonable effort to conclude and sign a
collective bargaining agreement.
`(2) If after the expiration of the 90-day period beginning
on the date on which bargaining is commenced, or such
additional period as the parties may agree upon, the parties
have failed to reach an agreement, either party may notify
the Federal Mediation and Conciliation Service of the
existence of a dispute and request mediation. Whenever such
a request is received, it shall be the duty of the Service
promptly to put itself in communication with the parties and
to use its best efforts, by mediation and conciliation, to
bring them to agreement.
`(3) If after the expiration of the 30-day period beginning
on the date on which the request for mediation is made under
paragraph (2), or such additional period as the parties may
agree upon, the Service is not able to bring the parties to
agreement by conciliation, the Service shall refer the
dispute to an arbitration board established in accordance
with such regulations as may be prescribed by the Service.
The arbitration panel shall render a decision settling the
dispute and such decision shall be binding upon the parties
for a period of 2 years, unless amended during such period
by written consent of the parties.'.
Robert Naiman wrote:
> Employee Free Choice Act of 2007 (Engrossed as Agreed to or Passed by House)
> http://www.thomas.gov/cgi-bin/query/D?c110:1:./temp/~c110fJ89fa::
>
> AFL-CIO page on the Employee Free Choice Act:
> http://www.afl-cio.org/joinaunion/voiceatwork/efca/
>
> AFL-CIO Q & A on the Employee Free Choice Act
> http://www.afl-cio.org/joinaunion/voiceatwork/efca/qna.cfm
>
> Roll Call in the House: H R 800, 1-Mar-2007
> 241-185
> 228 Democrats in favor, 2 opposed
> 13 Republicans in favor, 185 opposed (TJ voted no.)
> http://clerk.house.gov/evs/2007/roll118.xml
>
> Roll Call in the Senate: On the Cloture Motion (Motion to Invoke
> Cloture on the Motion to Proceed to Consider H.R.800 )
> 51-48 (cloture failed, needing 60)
> All Dems voted yes; SD Tim Johnson was absent due to illness
> All Rs voted no, except for Specter, who voted yes.
> Lieberman and Sanders voted yes.
> http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00227
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