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NRCA Opposes the Employee Free Choice Act

The National Roofing Contractors Association strongly opposes the Employee Free Choice Act (H.R. 1409/S. 560) and urges members of Congress to oppose this legislation.

NRCA believes that the right to a secret-ballot election is a cornerstone of our democracy that has served Americans well by shielding them from intimidation and harassment. This tradition is upheld in the National Labor Relations Act, which provides a federally monitored election process, including secret ballots, for employees to determine whether to form a union based on their individual beliefs and conscience. By effectively replacing the secret-ballot election with a "card check" system for union organizing, EFCA would fundamentally alter the balance between union and management influence in labor law and subject millions of hard-working Americans to coercion from both sides.

EFCA also provides for binding interest arbitration as part of the collective-bargaining process if an agreement cannot be reached within the first 120 days of the formation of a union. This would require a government-appointed arbitrator to impose the terms of a two-year labor contract that are binding upon both parties even if one or both parties find those terms unacceptable. In fact, employees would not be provided with the opportunity to vote on whether they approve of the new contract. EFCA would allow an arbitrator with little or no knowledge of the business to impose inflexible rules on the company for two years. Businesses would have great difficulty in responding to competition and other changes in the business environment. NRCA believes such a binding interest arbitration scheme would severely restrict the ability of businesses to grow and create jobs and could force some companies out of business.

EFCA runs counter to the basic democratic principles on which America was founded, and thus NRCA strongly opposes this legislation. Additionally, NRCA will oppose any so-called "compromise" proposals that contain the "card check" and binding interest arbitration components of EFCA or similar provisions. NRCA urges members of Congress to oppose EFCA, and it is imperative senators vote against any cloture motion to proceed to the bill.

If you have any questions or need more information about NRCA's position on this or other issues, please contact Duane Musser, NRCA's vice president of government relations, at (202) 546-7584 or dmusser@nrca.net.

(November 2009)


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