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Employee Free Choice Act

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Title: Employee Free Choice Act  
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Subject: 111th United States Congress, Labor unions in the United States, Joe Sestak, Richard Bloomingdale, West Virginia AFL–CIO
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Employee Free Choice Act

The Employee Free Choice Act[1] was a legislative bill that was introduced into both chambers of the U.S. Congress on March 10, 2009.[2] The bill's purpose was to[3]

The act would have, first, allowed a union to be certified as the official union to bargain with an employer if union officials collect signatures of a majority of workers. The bill would have removed the present right of the employer to demand an additional, separate ballot when more than half of employees have already given their signature supporting the union.[4] Second, the bill would have required employers and unions to enter binding arbitration to produce a collective agreement at least 120 days after a union is recognized. Third, the bill would have increased penalties on employers who discriminate against workers for union involvement.

Outline

The Employee Free Choice Act would have amended the National Labor Relations Act in three significant ways. That is:

  • section 2 would have eliminated the need for an additional ballot to require an employer recognize a union, if a majority of workers have already signed cards expressing their wish to have a union
  • section 3 would have required that an employer begins negotiating with a union with a view to reaching a collective agreement within 90 days, and if not, the two sides will be referred to compulsory mediation, and if mediation fails, binding arbitration
  • section 4 increases the penalties on employers who subject workers to detriment for being involved in a union.

Section 2, Streamlining union certification

Section 2(a) of the bill would have allowed the recognition of a union for the purpose of exclusive collective bargaining with an employer if a majority of employees sign cards stating their wish that the union represents them.

Currently, the NLRA section 9(c) anticipates that after at least 30% of employees state their wish for union representation, a separate secret ballot will be held to confirm that the majority of employees want union representation.[5][6] This only happens when there is "a question of employee representation", or in other words, the result is contested (for instance, because the employer objects). Undisputed petitions, when all employees and the employer agree, require no further election.[7] However, in practice, the results of the card check usually are not presented to the employer until 50 or 60% of bargaining-unit employees have signed the cards.[4] Moreover, even if every employee has signed cards indicating their preference to be represented by the union, an employer may demand a secret ballot, and refuse to bargain until one is held.[4] The effect of section 2 would have been that if a majority of employees at a workplace have already put their names on cards, there would have been no further requirement to confirm the union can represent them through an additional ballot. It would have meant that an employer could not demand a further secret ballot after a majority of employees had already put their names on cards supporting union representation. The text reads as follows:

Section 2(a) went on to allow the National Labor Relations Board to draw up more detailed regulations for oversight of the majority recognition procedure.

The process of union decertification would not change under the Employee Free Choice Act, so an employer can voluntarily reject a union when a majority of employees sign decertification cards or otherwise demonstrate that they no longer want to be represented by a union,[8] or when 30 percent of employees sign a petition to hold a secret ballot election and a majority of participants in the election vote to decertify the union.[9]

Section 3, Facilitating initial collective bargaining agreements

Section 3 of the Bill provided that following a union being certified, the union could require the employer to begin negotiations for a collective agreement within ten days. If the employer and union are unable to reach agreement within 90 days, either side may take the dispute to the Federal Mediation and Conciliation Service, which has provided mediation free of charge since 1947. If the FMCS is unable to bring the parties to agreement after providing mediation services for 30 days the dispute will be referred to arbitration. The results of the arbitration shall be binding on the parties for two years. The union and employer may agree to extend any deadlines or time limits.

A study by John-Paul Ferguson and Thomas Kochan at the MIT Sloan School of Management found that only 56% of unions that win an election ever negotiate their first contract.[10] The AFL-CIO says in a pro-EFCA paper, citing data by Ferguson and Kochan, that this is because "newly formed unions lose their presumption of majority status after one year without reaching a contract. The AFL-CIO asserts that this gives employers the incentive to delay the bargaining process for a year and force the demoralized workers to vote again, often resulting in the union's decertification."[11] They claim that "the Employee Free Choice Act eliminates the incentive for employers to bargain in bad faith" and it "will dramatically reduce the delay, frustration and animosity associated with the current company-dominated system."

Section 4, Strengthening enforcement

Section 4(a) of the Bill would have made the NLRA section 7.

Currently, such federal court injunctions are required only for violations by unions. No such remedy exists for unlawful acts committed by employers in violation of workers' rights.

Section 4(b) of the Bill would have increased penalties for employers violating the law. The amount an employer is required to pay when an employee is illegally discharged or discriminated against during an organizing campaign or first contract drive would have become two times back pay as liquidated damages, in addition to the back pay owed, for a total of three times back pay.

Currently, damages are limited to back pay, less any wages earned by an employee if they are hired by another employer. There would have been no provision for compensatory or punitive damages.

Finally, the bill would have provided for civil fines of up to $20,000 per violation against employers found to have willfully or repeatedly violated employees’ rights during an organizing campaign or first contract drive. Currently there are no civil fines for such violations.

Jurisdictional standards

The Employee Free Choice Act would not have altered the existing jurisdictional standards of the National Labor Relations Board. The jurisdiction of the NLRB remains at the level set in 1959, $500,000 gross revenues for a retail business.[12] The NLRB also requires a union to consist of a minimum of two employees who have no supervisory authority, exempting many small businesses from the increased penalties of the Employee Free Choice Act.

Legislative history

110th Congress

On February 14, 2007, in a full Committee markup session, the House Committee on Education and Labor voted 26-19[13] to report the bill to the full House. Republican members of the committee voted unanimously against reporting the bill, citing numerous amendments proposed by Republican committee members that were rejected by the Democratic majority on the committee.[14]

On March 1, 2007, the House of Representatives passed the bill, 241 to 185. On March 30, 2007, Senator Ted Kennedy (D-MA), Chairman of the Senate Committee on Health, Employment, Labor, and Pensions, introduced the Senate version of the Employee Free Choice Act.[15]

On June 26, 2007, the Senate voted 51 to 48 on a motion to invoke cloture on the motion to proceed to consider the bill, 9 votes short of the 60 needed to invoke cloture and prevent an anticipated Republican filibuster.[16] As a result, the bill failed to pass during the 110th United States Congress. In the 111th United States Congress, as of July 9, 2009, the Senate version of the EFCA, S.560, had 40 cosponsors in addition to its sponsor (Edward M. Kennedy, D, MA).[17][18]

111th Congress

On March 10, 2009, the bill was introduced in the California). Kennedy described the bill as "a critical step toward putting our economy back on track," while Miller also put the bill in the context of the 2008 economic crisis, declaring, "If we want a fair and sustainable recovery from this economic crisis, we must give workers the ability to stand up for themselves and once again share in the prosperity they help to create."[19]

Although only 41 senators were Republicans, Senators Ben Nelson (Democrat of Nebraska) and Arlen Specter (Democrat of Pennsylvania) announced that they did not support the bill in March 2009.[20] In addition, Blanche Lincoln (Democratic senator for Arkansas) and Tom Carper (Democratic senator for Delaware) both stated in April that they would not vote for EFCA in its current form.[21][22]

Dianne Feinstein (Democratic senator for California) has also announced that she would prefer to seek alternative legislation. Sen. Claire McCaskill indicated in a meeting with the Missouri Chamber of Commerce that it is unlikely that EFCA would pass in its current incarnation.[23]

On July 7, 2009, Sen. Al Franken (D-MN) chose the bill as the first piece of legislation that he would co-sponsor, joining 40 other Democratic senators.[24]

On July 16, 2009, reports were made that Senate advocates proposed dropping the provisions removing the employer's right to demand an extra ballot.[25]

On July 17, 2009, the New York Times reported that in an effort to secure a filibuster-proof majority in the Senate, a group of key Democratic senators are planning to change the proposed legislation to remove the "card check" provision of the EFCA, which would have allowed unions to be certified solely by majority sign-up.[25]

Debate

Proponents' views

Pennsylvania labor leader Sam Bianco at a rally in Wilkes-Barre, Pennsylvania, calling on Arlen Specter to support the EFCA.

Proponents of the legislation assert that the change is necessary to protect workers' rights to join unions. Under current law, employers are not required to take as determinative their workers' signed authorization forms designating a union as their representative "and may insist that the workers use a secret-ballot election conducted by the National Labor Relations Board (NLRB) to establish their union "even if 100% of the employees provide the NLRB with signed authorizations designating the union as their bargaining agent."require('Module:No globals')

local p = {}

-- articles in which traditional Chinese preceeds simplified Chinese local t1st = { ["228 Incident"] = true, ["Chinese calendar"] = true, ["Lippo Centre, Hong Kong"] = true, ["Republic of China"] = true, ["Republic of China at the 1924 Summer Olympics"] = true, ["Taiwan"] = true, ["Taiwan (island)"] = true, ["Taiwan Province"] = true, ["Wei Boyang"] = true, }

-- the labels for each part local labels = { ["c"] = "Chinese", ["s"] = "simplified Chinese", ["t"] = "traditional Chinese", ["p"] = "pinyin", ["tp"] = "Tongyong Pinyin", ["w"] = "Wade–Giles", ["j"] = "Jyutping", ["cy"] = "Cantonese Yale", ["poj"] = "Pe̍h-ōe-jī", ["zhu"] = "Zhuyin Fuhao", ["l"] = "literally", }

-- article titles for wikilinks for each part local wlinks = { ["c"] = "Chinese language", ["s"] = "simplified Chinese characters", ["t"] = "traditional Chinese characters", ["p"] = "pinyin", ["tp"] = "Tongyong Pinyin", ["w"] = "Wade–Giles", ["j"] = "Jyutping", ["cy"] = "Yale romanization of Cantonese", ["poj"] = "Pe̍h-ōe-jī", ["zhu"] = "Bopomofo", }

-- for those parts which are to be treated as languages their ISO code local ISOlang = { ["c"] = "zh", ["t"] = "zh-Hant", ["s"] = "zh-Hans", ["p"] = "zh-Latn-pinyin", ["tp"] = "zh-Latn", ["w"] = "zh-Latn-wadegile", ["j"] = "yue-jyutping", ["cy"] = "yue", ["poj"] = "hak", ["zhu"] = "zh-Bopo", }

local italic = { ["p"] = true, ["tp"] = true, ["w"] = true, ["j"] = true, ["cy"] = true, ["poj"] = true, } -- Categories for different kinds of Chinese text local cats = { ["c"] = "", ["s"] = "", ["t"] = "", }

function p.Zh(frame) -- load arguments module to simplify handling of args local getArgs = require('Module:Arguments').getArgs local args = getArgs(frame) return p._Zh(args) end function p._Zh(args) local uselinks = not (args["links"] == "no") -- whether to add links local uselabels = not (args["labels"] == "no") -- whether to have labels local capfirst = args["scase"] ~= nil

        local t1 = false -- whether traditional Chinese characters go first
        local j1 = false -- whether Cantonese Romanisations go first
        local testChar
        if (args["first"]) then
                 for testChar in mw.ustring.gmatch(args["first"], "%a+") do
          if (testChar == "t") then
           t1 = true
           end
          if (testChar == "j") then
           j1 = true
           end
         end
        end
        if (t1 == false) then
         local title = mw.title.getCurrentTitle()
         t1 = t1st[title.text] == true
        end

-- based on setting/preference specify order local orderlist = {"c", "s", "t", "p", "tp", "w", "j", "cy", "poj", "zhu", "l"} if (t1) then orderlist[2] = "t" orderlist[3] = "s" end if (j1) then orderlist[4] = "j" orderlist[5] = "cy" orderlist[6] = "p" orderlist[7] = "tp" orderlist[8] = "w" end -- rename rules. Rules to change parameters and labels based on other parameters if args["hp"] then -- hp an alias for p ([hanyu] pinyin) args["p"] = args["hp"] end if args["tp"] then -- if also Tongyu pinyin use full name for Hanyu pinyin labels["p"] = "Hanyu Pinyin" end if (args["s"] and args["s"] == args["t"]) then -- Treat simplified + traditional as Chinese if they're the same args["c"] = args["s"] args["s"] = nil args["t"] = nil elseif (not (args["s"] and args["t"])) then -- use short label if only one of simplified and traditional labels["s"] = labels["c"] labels["t"] = labels["c"] end local body = "" -- the output string local params -- for creating HTML spans local label -- the label, i.e. the bit preceeding the supplied text local val -- the supplied text -- go through all possible fields in loop, adding them to the output for i, part in ipairs(orderlist) do if (args[part]) then -- build label label = "" if (uselabels) then label = labels[part] if (capfirst) then label = mw.language.getContentLanguage():ucfirst( The EFCA would allow workers to have their union certified as their bargaining agent by the NLRB if a majority of them have signed valid authorizations."[26] EFCA proponents state that under current law the union ballots are "secret in name only" by citing experts such as University of Oregon professor Gordon Lafer, who in testimony before the U.S. Congress stated:

A U.S. House Committee on Education & Labor report asserted that the overall purpose of the Employee Free Choice Act is "allowing employees to make their own decision about whether they want to bargain together — to advocate for fairer wages, benefits and working conditions — without the threat or fear of harassment and retribution and fear of losing their livelihood."[28]

The committee's Democrats quoted the conclusion of the nonpartisan international human rights organization Human Rights Watch:

In his remarks accompanying the bill’s introduction, House Committee on Education and Labor, stated:

President Barack Obama supports the bill. An original co-sponsor of the Employee Free Choice Act, Obama urged his Senate colleagues to pass the bill during a 2007 motion to proceed:

"I will make it the law of the land when I'm President of the United States," he told a labor federation meeting in April 2008.[32] The AFL-CIO states that, in practice, the company-controlled election process actually makes the process less democratic:

Jeff Madrick, the editor of Challenge: The Magazine of Economic Affairs and a former columnist for Business Week and The New York Times, wrote that "good blue-collar jobs are disappearing rapidly as manufacturing industries decline; but many new white-collar jobs pay poorly, provide minimal health care and pension benefits, and offer little job security. There is now no privileged segment of earners in the nation except the upper 10 percent or so."

He added that "some 50 million non-unionized American workers, according to surveys, now say that they definitely or probably would join one if given the option. One of the reasons this does not happen, according to Madrick, is the failure of the federal government to protect workers trying to organize into unions. "The fines levied by the NLRB have long been meager," he notes. "Meantime, management actions against unions are supported by the nation's courts." Madrick concludes that "much can...be done" by "seriously enforcing the labor laws and imposing harsher penalties for violating them. The Employee Free Choice Act introduced by [then-] Senator Obama, among others, will be a good test."[34]

To find out how effective the current NLRB system actually is — in other words, how well it reflects workers' wishes to organize into unions and bargain contracts with management — Boston Globe article.[35] "This is despite all the cases already having shown substantial and likely majority support for representation."

They criticized the current system by asking, "How can anyone who thinks elections are a bulwark of democracy support a system in which a third of those interested in an election never get to hold one? Why would anyone put faith in a process that offers them a 1-in-5 chance of success?" Kochan and Ferguson thus called for passage of the Employee Free Choice Act along with other reforms.[36]

Opponents' views

Critics contend that additional use of card check elections will lead to overt [37] Opponents of the Employee Free Choice Act also claim that the measure would not protect employee privacy. Representative John Kline, R-Minn., has stated:

The bill's opponents also oppose the mandatory arbitration of disputes involving the terms of a first contract, asserting that such a procedure could constitute an improper intrusion of government into private business affairs and harmful for competitiveness and innovation.[39] Opponents have also suggested that the arbitration mandate could lead to management resorting to offensive lockouts as a means to pressure unions and employees into accepting company proposals before the deadline for arbitration.[40]

Letter to Mexican government officials from the sponsor of H.R.800. Source: Office of Congressman George Miller

Opponents also point to a 2001 letter to Mexican government officials, signed by 11 Democrats who subsequently voted in favor of HR 800, encouraging the "use of secret ballots in all union recognition elections" that take place in Mexico. The letter further states, "we feel that the secret ballot is absolutely necessary in order to ensure that workers are not intimidated into voting for a union they might not otherwise choose," seeming to contradict the spirit of the legislation passed by the House. Congressman [41]

The "Minority Views" section of the U.S. House Committee on Education & Labor report on the bill asserts: "H.R. 800, the deceptively-named ‘‘Employee Free Choice Act,’’ would strip [the right to a secret ballot] from every American worker. Moreover, the bill makes changes to federal labor law’s scheme of penalties and remedies that are one-sided, unnecessary, and unprecedented. Finally, H.R. 800, for the first time in labor law’s history, imposes a one-size-fits-all scheme of mandatory, binding interest arbitration with respect to initial contracts, on bargaining parties, again stripping American workers of the right to vote on the terms and conditions of their employment."[28] The minority (Republican) views of the committee also quoted multiple federal and Supreme Court decisions:

In 2007, 28 Republican Senators supported an opposition bill, the Secret Ballot Protection Act,[42] which would eliminate the use of the card check procedure. In 1947 a similar proposal to eliminate the use of cards was rejected in conference in the House of Representatives.[43][44]

Former Democratic presidential nominee [45] McGovern first broke with Democratic Party orthodoxy on the EFCA by opposing the proposed bill in an August 2008 editorial in the Wall Street Journal:

University of Chicago legal professor Richard Epstein also wrote a Wall Street Journal editorial opposing the act, saying that it is unconstitutional due to restrictions on free speech.[47]

The U.S. Chamber of Commerce's Randel Johnson declared that the “coming fight in Congress over the issue” is a “firestorm bordering on Armageddon.”[48] Other business interests have offered similarly strong characterizations of the proposed bill. Sheldon Adelson, a Las Vegas casino owner and real-estate developer, stated: “Radical Islam and Employee Free Choice are the ‘two fundamental threats to society."[49] Mark McKinnon, a spokesman for the Workforce Fairness Institute, said businesses were "hearing about it, and are ready to riot in the street about it."[50] Forbes magazine national editor Mike Ozanian said: "The Employee Free Choice Act should be called the anti-free choice, pro-slavery bill."[51]

Business reaction

During an October 17, 2008 conference call, Home Depot co-founder Bernie Marcus spoke against the EFCA, calling it "the demise of a civilization". He went on to say: "If a retailer has not gotten involved with this, if he has not spent money on this election, if he has not sent money to Norm Coleman and these other guys," then those retailers "should be shot; should be thrown out of their goddamn jobs."[52]

In January 2009, FedEx exercised an option to buy fifteen Boeing 777F planes and had an option to buy fifteen more. The contract between the two companies allows FedEx to cancel the second order if Congress passes the EFCA.[53] In April 2009, the Associated Builders and Contractors sent a letter to every member of Congress on behalf of 3,000 construction firms opposing the bill in any form.[54]

Response by states

In 2010, four states passed constitutional amendments guaranteeing a secret ballot on union recognition: Arizona, South Carolina, South Dakota, and Utah. This was due in part to the efforts of the organization Save Our Secret Ballot.

In popular culture

The Employee Free Choice Act is mentioned in the punk band Street Dogs song, "Up the Union".

See also

Notes


-- Module:Hatnote -- -- -- -- This module produces hatnote links and links to related articles. It -- -- implements the and meta-templates and includes -- -- helper functions for other Lua hatnote modules. --


local libraryUtil = require('libraryUtil') local checkType = libraryUtil.checkType local mArguments -- lazily initialise Module:Arguments local yesno -- lazily initialise Module:Yesno

local p = {}


-- Helper functions


local function getArgs(frame) -- Fetches the arguments from the parent frame. Whitespace is trimmed and -- blanks are removed. mArguments = require('Module:Arguments') return mArguments.getArgs(frame, {parentOnly = true}) end

local function removeInitialColon(s) -- Removes the initial colon from a string, if present. return s:match('^:?(.*)') end

function p.findNamespaceId(link, removeColon) -- Finds the namespace id (namespace number) of a link or a pagename. This -- function will not work if the link is enclosed in double brackets. Colons -- are trimmed from the start of the link by default. To skip colon -- trimming, set the removeColon parameter to true. checkType('findNamespaceId', 1, link, 'string') checkType('findNamespaceId', 2, removeColon, 'boolean', true) if removeColon ~= false then link = removeInitialColon(link) end local namespace = link:match('^(.-):') if namespace then local nsTable = mw.site.namespaces[namespace] if nsTable then return nsTable.id end end return 0 end

function p.formatPages(...) -- Formats a list of pages using formatLink and returns it as an array. Nil -- values are not allowed. local pages = {...} local ret = {} for i, page in ipairs(pages) do ret[i] = p._formatLink(page) end return ret end

function p.formatPageTables(...) -- Takes a list of page/display tables and returns it as a list of -- formatted links. Nil values are not allowed. local pages = {...} local links = {} for i, t in ipairs(pages) do checkType('formatPageTables', i, t, 'table') local link = t[1] local display = t[2] links[i] = p._formatLink(link, display) end return links end

function p.makeWikitextError(msg, helpLink, addTrackingCategory) -- Formats an error message to be returned to wikitext. If -- addTrackingCategory is not false after being returned from -- Module:Yesno, and if we are not on a talk page, a tracking category -- is added. checkType('makeWikitextError', 1, msg, 'string') checkType('makeWikitextError', 2, helpLink, 'string', true) yesno = require('Module:Yesno') local title = mw.title.getCurrentTitle() -- Make the help link text. local helpText if helpLink then helpText = ' (help)' else helpText = end -- Make the category text. local category if not title.isTalkPage and yesno(addTrackingCategory) ~= false then category = 'Hatnote templates with errors' category = string.format( '%s:%s', mw.site.namespaces[14].name, category ) else category = end return string.format( '%s', msg, helpText, category ) end


-- Format link -- -- Makes a wikilink from the given link and display values. Links are escaped -- with colons if necessary, and links to sections are detected and displayed -- with " § " as a separator rather than the standard MediaWiki "#". Used in -- the template.


function p.formatLink(frame) local args = getArgs(frame) local link = args[1] local display = args[2] if not link then return p.makeWikitextError( 'no link specified', 'Template:Format hatnote link#Errors', args.category ) end return p._formatLink(link, display) end

function p._formatLink(link, display) -- Find whether we need to use the colon trick or not. We need to use the -- colon trick for categories and files, as otherwise category links -- categorise the page and file links display the file. checkType('_formatLink', 1, link, 'string') checkType('_formatLink', 2, display, 'string', true) link = removeInitialColon(link) local namespace = p.findNamespaceId(link, false) local colon if namespace == 6 or namespace == 14 then colon = ':' else colon = end -- Find whether a faux display value has been added with the | magic -- word. if not display then local prePipe, postPipe = link:match('^(.-)|(.*)$') link = prePipe or link display = postPipe end -- Find the display value. if not display then local page, section = link:match('^(.-)#(.*)$') if page then display = page .. ' § ' .. section end end -- Assemble the link. if display then return string.format('%s', colon, link, display) else return string.format('%s%s', colon, link) end end


-- Hatnote -- -- Produces standard hatnote text. Implements the template.


function p.hatnote(frame) local args = getArgs(frame) local s = args[1] local options = {} if not s then return p.makeWikitextError( 'no text specified', 'Template:Hatnote#Errors', args.category ) end options.extraclasses = args.extraclasses options.selfref = args.selfref return p._hatnote(s, options) end

function p._hatnote(s, options) checkType('_hatnote', 1, s, 'string') checkType('_hatnote', 2, options, 'table', true) local classes = {'hatnote'} local extraclasses = options.extraclasses local selfref = options.selfref if type(extraclasses) == 'string' then classes[#classes + 1] = extraclasses end if selfref then classes[#classes + 1] = 'selfref' end return string.format( '
%s
', table.concat(classes, ' '), s )

end

return p-------------------------------------------------------------------------------- -- Module:Hatnote -- -- -- -- This module produces hatnote links and links to related articles. It -- -- implements the and meta-templates and includes -- -- helper functions for other Lua hatnote modules. --


local libraryUtil = require('libraryUtil') local checkType = libraryUtil.checkType local mArguments -- lazily initialise Module:Arguments local yesno -- lazily initialise Module:Yesno

local p = {}


-- Helper functions


local function getArgs(frame) -- Fetches the arguments from the parent frame. Whitespace is trimmed and -- blanks are removed. mArguments = require('Module:Arguments') return mArguments.getArgs(frame, {parentOnly = true}) end

local function removeInitialColon(s) -- Removes the initial colon from a string, if present. return s:match('^:?(.*)') end

function p.findNamespaceId(link, removeColon) -- Finds the namespace id (namespace number) of a link or a pagename. This -- function will not work if the link is enclosed in double brackets. Colons -- are trimmed from the start of the link by default. To skip colon -- trimming, set the removeColon parameter to true. checkType('findNamespaceId', 1, link, 'string') checkType('findNamespaceId', 2, removeColon, 'boolean', true) if removeColon ~= false then link = removeInitialColon(link) end local namespace = link:match('^(.-):') if namespace then local nsTable = mw.site.namespaces[namespace] if nsTable then return nsTable.id end end return 0 end

function p.formatPages(...) -- Formats a list of pages using formatLink and returns it as an array. Nil -- values are not allowed. local pages = {...} local ret = {} for i, page in ipairs(pages) do ret[i] = p._formatLink(page) end return ret end

function p.formatPageTables(...) -- Takes a list of page/display tables and returns it as a list of -- formatted links. Nil values are not allowed. local pages = {...} local links = {} for i, t in ipairs(pages) do checkType('formatPageTables', i, t, 'table') local link = t[1] local display = t[2] links[i] = p._formatLink(link, display) end return links end

function p.makeWikitextError(msg, helpLink, addTrackingCategory) -- Formats an error message to be returned to wikitext. If -- addTrackingCategory is not false after being returned from -- Module:Yesno, and if we are not on a talk page, a tracking category -- is added. checkType('makeWikitextError', 1, msg, 'string') checkType('makeWikitextError', 2, helpLink, 'string', true) yesno = require('Module:Yesno') local title = mw.title.getCurrentTitle() -- Make the help link text. local helpText if helpLink then helpText = ' (help)' else helpText = end -- Make the category text. local category if not title.isTalkPage and yesno(addTrackingCategory) ~= false then category = 'Hatnote templates with errors' category = string.format( '%s:%s', mw.site.namespaces[14].name, category ) else category = end return string.format( '%s', msg, helpText, category ) end


-- Format link -- -- Makes a wikilink from the given link and display values. Links are escaped -- with colons if necessary, and links to sections are detected and displayed -- with " § " as a separator rather than the standard MediaWiki "#". Used in -- the template.


function p.formatLink(frame) local args = getArgs(frame) local link = args[1] local display = args[2] if not link then return p.makeWikitextError( 'no link specified', 'Template:Format hatnote link#Errors', args.category ) end return p._formatLink(link, display) end

function p._formatLink(link, display) -- Find whether we need to use the colon trick or not. We need to use the -- colon trick for categories and files, as otherwise category links -- categorise the page and file links display the file. checkType('_formatLink', 1, link, 'string') checkType('_formatLink', 2, display, 'string', true) link = removeInitialColon(link) local namespace = p.findNamespaceId(link, false) local colon if namespace == 6 or namespace == 14 then colon = ':' else colon = end -- Find whether a faux display value has been added with the | magic -- word. if not display then local prePipe, postPipe = link:match('^(.-)|(.*)$') link = prePipe or link display = postPipe end -- Find the display value. if not display then local page, section = link:match('^(.-)#(.*)$') if page then display = page .. ' § ' .. section end end -- Assemble the link. if display then return string.format('%s', colon, link, display) else return string.format('%s%s', colon, link) end end


-- Hatnote -- -- Produces standard hatnote text. Implements the template.


function p.hatnote(frame) local args = getArgs(frame) local s = args[1] local options = {} if not s then return p.makeWikitextError( 'no text specified', 'Template:Hatnote#Errors', args.category ) end options.extraclasses = args.extraclasses options.selfref = args.selfref return p._hatnote(s, options) end

function p._hatnote(s, options) checkType('_hatnote', 1, s, 'string') checkType('_hatnote', 2, options, 'table', true) local classes = {'hatnote'} local extraclasses = options.extraclasses local selfref = options.selfref if type(extraclasses) == 'string' then classes[#classes + 1] = extraclasses end if selfref then classes[#classes + 1] = 'selfref' end return string.format( '
%s
', table.concat(classes, ' '), s )

end

return p
  1. ^ H.R. 1409, S. 560.
  2. ^
  3. ^ H.R. 800
  4. ^ a b c See generally,
  5. ^ See generally, "Neutrality agreements: How Unions Organize new hotels without an employee ballot" Entrepreneur Magazine, 2001
  6. ^ "Employee Free Choice Act: Myth vs. Fact" U.S. House of Representatives Committee on Education and Labor.
  7. ^ National Labor Relations Act, Section 9(c) Hearings on questions affecting commerce; p. 14)
  8. ^ Changing National Labor Policy through Executive Branch Action - Withdrawal of Recognition
  9. ^ How To Decertify Your Union
  10. ^ Sequential Failures in Workers' Right to Organize
  11. ^ Why We Need First-Contract Arbitration
  12. ^ NLRB Jurisdiction
  13. ^
  14. ^
  15. ^ S. 1041
  16. ^ "The Employee Free Choice Act: Questions and Answers", by Ross Eisenbrey and David Kusnet, Economic Policy Institute, 01-29-09 [1]
  17. ^ Search Results - THOMAS (Library of Congress):
  18. ^
  19. ^
  20. ^
  21. ^
  22. ^ http://senatus.wordpress.com/2009/04/15/carper-to-oppose-employee-free-choice-act/
  23. ^ Sen Claire McCaskill meets with Chamber of Commerce accessed 1 June 2009
  24. ^ Franken Co-Sponsoring EFCA - Hotline On Call:
  25. ^ a b Steven Greenhouse, "Democrats Drop Key Part of Bill to Assist Unions", The New York Times, July 16, 2009 [2]
  26. ^ Top union official sure of votes on card check
  27. ^ Statement of Dr. Gordon Lafer Before the United States Senate Committee on Appropriations
  28. ^ a b EMPLOYEE FREE CHOICE ACT OF 2007 | REPORT page 7
  29. ^ Ibid., page 10  [quoting from “Unfair Advantage: Workers’ Freedom of Association in the United States under International Human Rights Standards,” [3] Human Rights Watch report (August 2000).]
  30. ^ Rep. George Miller of California,
  31. ^
  32. ^
  33. ^ WHY MAJORITY SIGN-UP?
  34. ^ Jeff Madrick, "Time for a New Deal," New York Review of Books, Sept. 25, 2008, pp. 65-70
  35. ^ Modernizing labor law
  36. ^ Thomas A. Kochan and John Paul Ferguson, "Modernizing Labor Law," Boston Globe, June 21, 2007
  37. ^
  38. ^
  39. ^
  40. ^
  41. ^ Link dead as of 2009-05-29. Copy of the page as of 2007-08-30 courtesy of the Internet Archive.
  42. ^ (S. 1312)
  43. ^ (H. R. Conf. Rep. No. 510, 80th Cong., 1st Sess., 41 (1947))
  44. ^
  45. ^ McGovern vs. unions - First Read - msnbc.com
  46. ^
  47. ^
  48. ^
  49. ^ Vegas Tycoon Bankrolls Republicans, Wall Street Journal, July 15, 2008.
  50. ^
  51. ^ Forbes on Fox, Fox News Channel. January 31, 2009.
  52. ^ It's Time to Give Voters the Liberalism They Want, Wall Street Journal, November 19, 2008.
  53. ^ FedEx Threatens to Cancel Jet Orders, Wall St. Journal, March 25, 2009
  54. ^ Associated Builders and Contractors battle Employee Free Choice Act, Business Review of Western Michigan, April 21, 2009

External links

Media related to Employee Free Choice Act at Wikimedia Commons

  • Employee Free Choice Act Exposed
  • Employee Free Choice Act on OpenCongress
  • National Education Association's Position & Actions EFCA
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