H.R.1409 - Employee Free Choice Act of 2009

To amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes. view all titles (2)

All Bill Titles

  • Short: Employee Free Choice Act of 2009 as introduced.
  • Official: To amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes. as introduced.

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Bill's Views

  • Today: 29
  • Past Seven Days: 149
  • All-Time: 42,309
 
Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
03/09/09
 
 
 
 
 
 
 

Sponsor

Representative

George Miller

D-CA

View Co-Sponsors (231)

OpenCongress Summary

This bill (aka "card check") would change the rules governing the formation of unions, the way first contracts between unions and employers are negotiated, and how employees' rights are enforced.

Under the bill, workers would be able to decide whether to hold a secret ballot vote on union formation after a majority of employees have signed union authorization cards, or to have the union certified based on the cards alone. Under the current rules, employers have the power to make that decision. The bill also designates a time line for first contracts to be drawn up between unions and employees and stipulates that if no deal is reached within 120 days, an arbitration panel will render a decision that will be binding for two years. Finally, it would increase the fines employers must pay if found guilty of violating their employees' right to unionize.

This bill is organized labor's number one legislative priority, and it is vigorously opposed by the business lobby. Democratic leader are expected to bring it to a vote in the Senate sometime this summer. The big question regarding its passage is whether or not the Democrats can find 60 votes in favor of breaking an inevitable Republican filibuster. The Senate version is S. 560.
OpenCongress bill summaries are written by OpenCongress editors and are entirely independent of Congress and the federal government. For the summary provided by Congress itself, via the Congressional Research Service, see the "Official Summary" below.

Official Summary

3/10/2009--Introduced.Employee Free Choice Act of 2009 - Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designat

Official Summary

3/10/2009--Introduced.Employee Free Choice Act of 2009 - Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit. Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition. Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief. Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative until the first collective bargaining contract is entered into, an employer:
(1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization;
(2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bardaining rights; or
(3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights. Adds to remedies for such violations:
(1) back pay plus liquidated damages; and
(2) additional civil penalties.

...Read the Rest

Organizations Supporting H.R.1409

  • International Brotherhood of Electrical Workers
  • American Public Health Association
  • Catholics United
  • Pax Christi USA
  • Catholic Scholars for Worker Justice
  • Democratic National Committee
  • ...and 17 more. See all.

Organizations Opposing H.R.1409

  • U.S. Chamber of Commerce
  • Coalition for a Democratic Workplace
  • National Stone, Sand, and Gravel Association
  • American Apparel and Footwear Association
  • Heritage Foundation
  • Home Depot
  • ...and 15 more. See all.
See the money trail behind this bill for more info on how campaign contributions may be influencing senators' and representatives' votes.


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Recent News Coverage

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05/17/09
Albany City legislators expected to support 'card-check' legislation

...vote in favor of the Employee Free Choice Act resolution means that a council member “calls upon federal legislators to work toward its immediate enactment,” according to the resolution. The Employee Free Choice Act in Congress is bill H.R.1409 and

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05/03/09
Enactment Of The Employee Free Choice Act Will Reshape The

In last month's edition of The Metropolitan Corporate Counsel , we discussed the proposed provisions of the Employee Free Choice Act ("EFCA") (HR 1409, ...

Source: The Metropolitan Coporate Counsel
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04/30/09
EFCA- The Final Word?

Section 2(a) of HR 1409 specifically states and I quote it in full once again, unlike Mr. Turkel's selective editing of the law: This section makes it ...

Source: Hotel Interactive, Inc.
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Recent Blog Coverage

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04/13/11
'Card check' or paychecks: You decide

That's why labor unions want to get the dishonestly named “[http://www.opencongress.org/bill/111-h1409/show Employee Free Choice Act]” passed. Image:BluegrassBeacon.png|right|400px poly 2 3 0 215 430 214 427 0 [[Bluegrass ...

Source: Amanda
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04/05/11
H.R.1409: Quality Health Care Coalition Act of 2011 - U.S. ...

The bill, HR 1409, entitled “To ensure and foster continued patient safety and quality of care by clarifying the application of the antitrust laws to negotiations between groups of health care professionals and health ... Source: gonzopod ... OpenCongres

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12/30/10
Obama NLRB to Ignore Mid-Term Election Results; intends to ...

“The bottom-line impact of this bureaucratic sop to Big Labor would be very similar to the impact of the mandatory 'card check' legislation, or S.560 and H.R.1409, that union lobbyists tried unsuccessfully to ram through the 2009-2010 ...

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