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.