81R5262 BPG-D

By: Patrick, Dan S.C.R. No. 51

CONCURRENT RESOLUTION

WHEREAS, The Employee Free Choice Act, a legislative priority of labor organizations, would bring drastic change to the American workplace, distorting the employer-employee relationship in fundamental ways; and

WHEREAS, Currently, most workers join unions through secret ballot elections; under the National Labor Relations Act, a union seeking to represent employees must show the National Labor Relations Board that there is sufficient interest at a workplace, typically by collecting employee signatures or signed authorization cards from 50 to 75 percent of the workforce; the NLRB holds a secret ballot election after a period in which both the union and the employer may state their cases; rules forbid employers to threaten, intimidate, or make promises to employees to encourage votes against the union, although unions do not have similar constraints; and

WHEREAS, The EFCA would force employers to recognize a union without an election; the union would merely need to submit authorization cards from more than 50 percent of employees to the NLRB in order to gain certification; these cards would be signed publicly, exposing reluctant workers to pressure tactics and harassment from organizers, who are paid to recruit dues-paying members, while employers would be prevented from informing workers of negative aspects of unionization; and

WHEREAS, Moreover, the EFCA would have a profound negative impact on the bargaining process; under the act, if a company and a newly certified union failed to reach agreement on an initial contract after 90 days, they would have only an additional 30 days to reach an agreement with the assistance of the Federal Mediation and Conciliation Service; after 120 days of unsuccessful negotiation, the issue would be submitted to binding arbitration and a government arbitrator would write a contract effective for the next two years; and

WHEREAS, The arbitrator would have little experience with the company or knowledge of its business practices, yet would dictate all wages and working conditions; neither the company nor its employees would be able to appeal the ruling of an arbitrator, who would not be held accountable for mistakes; an ill-advised ruling could compromise a company's financial health, possibly sending it into bankruptcy, or deprive workers of a wage increase they might have gained through collective bargaining; binding arbitration decisions can also take an inordinate amount of time, and uncertainty over future business costs would likely cause a company to reduce investment until the contract is handed down; furthermore, the bureaucratic approach of binding arbitration stifles firms with innovative business models; and

WHEREAS, The Employee Free Choice Act is surely a misnomer; arguably the most far-reaching change in labor law in 70 years, it strips employees of their privacy and their rights, exposing them to intimidation and constraining their ability to bargain with their employers; at the same time, it would have dire economic consequences, resulting in slower growth and fewer jobs; now, therefore, be it

RESOLVED, That the 81st Legislature of the State of Texas hereby respectfully urge the Congress of the United States to oppose any efforts to adopt the Employee Free Choice Act or any similar legislation; and, be it further

RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, to the speaker of the house of representatives and the president of the senate of the United States Congress, and to all the members of the Texas delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.