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CCH® HR MANAGEMENT - 03/16/09

Most Americans "in the dark" about Employee Free Choice Act

Despite millions of dollars already spent on both sides of the issue, three-quarters of Americans are completely in the dark over the Employee Free Choice Act (EFCA), legislation touted by labor unions as a way to increase unionization and improve the lives of middle-class America, according to the Employment Law Alliance (ELA), the world's largest network of labor and employment lawyers. And American workers are sharply divided over its merits, according to ELA's latest national poll.

The poll asked 1,288 working men and women across the United States about their awareness of the EFCA, views on its major elements, and its potential impact on the workplace and the economy. The results may cause business leaders to refocus their extensive outreach efforts. "They should be concerned that so few Americans are even aware of the EFCA, the most sweeping proposed labor law reform of this generation," said Bruce R. Alper, ELA's Illinois representative and founding member. "This sort of ignorance gives union organizers a distinct advantage."

According to ELA's findings:

• Only one-quarter reported that they were aware of the EFCA.
• Slightly over one-quarter (26 percent) say they support the EFCA, and nearly as many (24 percent) oppose it.
• Fewer than one-third (30 percent) of those surveyed support replacing a secret-ballot election with a "card check" system to determine union representation; 35 percent were opposed.
• Asked about the use of government-supervised, binding arbitration to settle a contract in the event of a deadlock, 37 percent favor this while 22 percent were opposed.
• Gauging a possible "Obama factor," 30 percent said they were more likely to back the EFCA if the President supported it.

"Most of our clients believe this legislation will eventually become law, so they are putting plans in place right now to educate their employees about union authorization card drives and to urge them to think carefully about whether they support union representation before signing one of those cards," said Alper, whose Chicago-based firm, Vedder Price P.C, represents management in labor and employment matters, including clients from public corporations and private companies. (Vedder Price is a founding member of the Employment Law Alliance.) "They are taking nothing for granted, including that their employees understand the EFCA, which the poll clearly shows is not the case."

The survey may be revealing a disconnect between the perceptions of the EFCA within and outside the Washington Beltway on both sides of the issue, according to Dr. Ted Reed, president of Reed Group, and the poll's survey director. "While the rhetoric has been highly charged, the poll shows only a slight plurality thinks EFCA will improve the standard of living for the middle class," Reed said. "And there was no clear majority that believes EFCA would help turn around the ailing economy, reduce the number of layoffs, or reduce the number of jobs being sent overseas. The strongest sentiment among those polled was toward their lack of awareness and understanding of the EFCA."

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