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)

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  • 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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Displaying 1-30 of 73 total comments.

ibdarrel 03/16/2009 3:21pm

to call this employee free choice act is a gross misnomer. it’s more union open field act and puts the choice in the hands of those that apply the most pressure to employees

heatherrm 04/02/2009 8:33pm

Also, if an employer is fairly compensating their employees and providing an exceptional work enviornment why would they need to worry about their employees organizing? And as for spending time and energy with law. If these corporations can spend thousands of dollars on anti-union lawyers to fight to bust the organizing drive why can’t they invest that money ensuring their labor?

Have anyone of you opposing this legislation had the opportunity to attend a union meeting? Have you ever had a conversation with a union organizer? Organizers are there to answer questions, listen to the employees concerns and tell them how the employees can form their union. A Union is the workers and their leaders are elected by secret ballot. And dues are not used and cannot be used for campaign contributions. Members donate to the party of their choose and have the choice to donate to a union’s political arm.

heatherrm 04/02/2009 8:33pm

The ignorance in these responses is amazing. What happened in your past that made you so scared and angry and close minded. I will give you credit for for one thing those that oppose this have an outstanding ability to quote portions of the act in a way that causes fear and doubt. The act is only 7 pages long. Anyone should be able to read that. I have contacted Republicans and Democrats in support and opposition of this and they have all clarified that this DOES NOT TAKE AWAY THE SECRET BALLOT! If 30% of the employees profess interest in forming a union they can file a petition to the NLRB requesting a secret ballot. The only thing that has changed about the secret ballot is who requests it. If a simple majority of employees wish to profess interest to the NLRB (50%+1) the employees union would be recognized. I would think you would support this as it would save tax payers dollars and the NLRB’s time as the support is already there.

ronbar87 03/25/2009 8:53pm

This is not an employee free choice act. It is a way for unions to take total control. It not only is taking away the choice to vote by secrete ballot, but also taking away the right of the people to not be a member if the union is voted in. My state has a right to work law that give us the right to work in a unionized company with out being a member of the union. Personally, I don’t think anyone should be forced to be a member of anything they have to pay money to be a part of. And then to have the union tell them how to vote or who to vote for, to spend their due on a candidate that may not be the candidate of my choice. This is supposed to be a free country, forced unionization would take away many freedoms we now have. Supporting certain political candidates can prove to be detrimental to our rights and freedoms. Such as the way the union supported Barack Obama for president, and now everyone is concerned about our rights to own guns.

ramanajan 03/23/2009 8:06pm

It is not democracy in the workplace to be forced to join a union in order to work somewhere and then have your dues support political activities that you do not agree with. It is not democracy to have another powerful control over your life that, in many cases, is simply another burden on you the worker because the union is not looking out for the very people it professes to protect, but is more interested in self preservation.

Autotech64 04/30/2009 5:22pm

A few years ago we technicians started a union drive and 75% of the technicians signed cards at the onset. We then had a 180 day wait for the so-called secret ballot. Our employer got to see the names of the card signers and launched a major campaign of terror against these employees. Needless to say after the cronnies were given raises and the weak-willed cound not stand the harassment by management, 25% pulled out, as did the union. If ‘card check’ had been in place on day one we would have had a union in place and could have gone straight to contract negotiations. We are dedicated workers and get paid only for the work we perform. We deserve the right to negotiate for fair wages, better benefits, a safe work environment and reasonable job security.

callagan 03/18/2009 5:20am

George Orwell your predictions have come true….Calling this the Employee Free Choice act is the double speak usually reserved for the naming of referendums in Washington State….where the name is the reverse of the intent, and meant to confuse the voters. 1984 is here.

Autotech64 04/30/2009 5:12pm

As our busy shop rakes in money hand over fist at a rate near $100 per billed hour, we are told that vacation pay has been cut to 1 week per year for every technician. Our employer recently fired 3 seasoned technicians only to replace them with 3 laid-off techs who were desperate enough to work for half the pay. Our heath coverage out of pocket costs are over $100 per week for a family and the coverage is poor at best. Our employer contributes $0 to our company 401K plan. We are given 4 paid personal days for which we must give 2 weeks notice to use. Try doing that when your kids are sick. Meanwhile our employer lives in the lap of luxury, his middle management appointee (friends) take home monsterous salarys and do next to nothing.

mlittle145 02/21/2010 7:24am
in reply to ronbar87 Mar 25, 2009 8:53pm

It’s very interesting that you would state this is a free country but not support organized labor. Let me ask you this: do you get any paid sick leave at your place of employment? Or paid vacation? Do you have holidays off? Do you work 40 hours a week? Do you work 5 days a week, rather then 7? Does your employer offer health care? If your answer to any of these questions is yes, you have organized labor to thank for it. It was the struggle of organized labor that brought all of these things about. Corporate executives don’t take a job for a company without a contract spelling out every level of compensation, why shouldn’t the other employees (the people who actually do the work that makes that company the money) have the benefit of having a contract spelling out what their compensation and benefits should be?

congresswatcher 05/02/2009 10:44am
in reply to flemingtonteaparty May 02, 2009 2:49am


I hope your statement that no one has a right to a safe environment is opinion and not fact. You ought to do your homework. There are many laws on the books that provide for a safe work environment. But many employers choose to ignore those laws because they know they can get away with it. Your statement, even if opinion, shows your lack of experience and knowledge on this subject. What if your neighbor opens up a garbage dump, pollutes your air and water, and you plea to local authorities for help? If the authorities turn their back on you, your only recourse would be to sell your home, which by then would be worthless. But of course, in your opinion, you do not have the “right” to a safe environment. You’d have to “earn” it! You have the right to determine your destiny!

jayneedshelp 04/10/2009 2:41pm

I used to be anti union when I worked in sales. However I’ve worked in a factory for over 3 years now. Employees have no say in a non union factory. You have no protection against bad management. Your raises are based on what management feels ok with. Workers get maybe 3% they get 4.5 with extra time off. I have a family to take care of. So I can’t just quit if I don’t like it. Just remember all Reagan Repubs out there. Its your tax dollars that help people on low income and the Wal mart executives sleep just fine knowing that many of their full time workers can’t afford a nice place to live or that their family qualifies for the wic program. It the middle class that made America great. Its the middle class that keeps America free.

congresswatcher 05/02/2009 11:01am
in reply to NVGuy36 Apr 30, 2009 1:58pm


I’m glad you enjoy the ability to speak freely to your boss. Many people do not enjoy such a luxury. Many people work for employers who don’t talk to them, won’t work with them, and refuse to hear their concerns(or pretend to and never try to work out a solution). Many people work for employers who operate on the edge of the law. With high unemployment, these practices are even easier for employers to get away with.

OSHA does not address issues that they should be addressing. The Bush administration has cut back staffing of OSHA. Many people who work in factories or shops will tell you that they have not seen an OSHA staff person come around in years, if ever. So there really isn’t validity in the statement that Unions were once beneficial. They are needed now more than ever.

deborahg6 03/31/2009 6:48am
in reply to JonathanArmesto Mar 18, 2009 3:44pm

The Patriot Act argument is really getting old…move on. Almost as bad as the “we inherited this debt” one. You got the President and Congress you’ve always wanted and what has happened so far in the first few months is staggering beyond compare.

Autotech64 04/30/2009 4:58pm

To all of those who are against the passage of The Employee Free Choice Act, I suggest walking a mile in my shoes. As an Auto Technician at a large dealership I am compensated on a commission basis only, not hourly of salary. In our state employment is considered “at will”. This simply means that an employer can fire an employee at any time for any reason or for no reason. Your only recourse is to prove that you were discriminated against, in a federal court, at your own expense. If you contact the state Labor Relations Board, the first thing that you will be asked is “what union do you belong to?”. If you have no union representation you are calmly told that there is nothing they can do for you. You are totally on your own.

congresswatcher 05/02/2009 10:52am
in reply to NVGuy36 May 01, 2009 4:48pm


You see, this is why people want unions and you really don’t understand. For some employees, turning to “leadership” in their company or HR is a joke! Leadership and HR are in on the mismanagement and abuse of the employees. Report to the NLRB? Are you kidding? The NLRB has been administered by the Bush administration for the past eight years. There is no sympathy there. Hopefully there will be with the new administration.

Many of you don’t understand how dirty wealthy employers can play. They pay off whomever they need to in order to have control. Yes, these situations really exist.

dlbysr44 09/07/2009 1:33pm
in reply to heatherrm Apr 02, 2009 8:33pm

Your absolutely right heatherrm. Anyone that doesn’t get this should check out this link.


By the way I’m not in a union, niether is anyone in My family. My views come from a educated understanding of the issues.

schnelson 01/27/2010 5:21am

You have to read the National Labor Relations Act (NLRA) and the “National Labor Relations Board Guide to the NLRA” to more fully appreciate why the EFCA is important and needed to amend this dated piece of legislation. What surprised me was that only one page was dedicated to specify “unfair labor practices by employer,” while “unfair labor practices by labor organization” took almost two and a half pages. Increasing the upper limit of penalties against employers found guilty of violating provisions of the NLRA is necessary to bring balance back to the “price of doing business.” I believe many companies violate labor laws because, even if caught and convicted, the fines are low enough that they are willing to take the risk.
What strikes me as ironic is that most, if not all, labor unions are subject to both sides of the law because labor unions are both “employers” as well as “labor organizations.”

stokescritt6557 01/03/2010 1:14pm
in reply to NanaG Apr 25, 2009 11:31am

you dont have the foggest idea of what it takes to go out and work for a real living in this world do you ? try fighting the big ceo’s of this country and maybe you’d see its not so easy after all.for the man or women in this world that gives their heart and soul to these companies and the blood,sweat and tears that they pour out over their low paying jobs everyday while the fat cat ceo’s take their millions and run i pray that someday they will get whats coming to them and the men and women get theirs too.get off your a.. and try working in a true working enviroment !

VisionQuestMT 09/05/2009 12:44pm

My personal experiences with unions have all been negative. I’ve seen them take away the right to fire an employee (4x), when that employee is horrible at their job, is opening up avenues for lawsuits, and is not trying to correct or change.
As previously mentioned, we all have the right to walk away when we don’t care for a job or its benefits.
We need to get to the point where we do walk, and employers are forced to be fair through natural consequences (no staff,)or poor quality resulting in poor sales, etc.
But, forcing unions is not the answer. There are many things on the books that protect employees already.

yancura44 03/26/2009 7:11am

in a constitutional republic such as ours, the nright to a secret ballot is inherent in the laws of our land. EFCA certainly takes away that right. give the bill a close read and you will realize that is true. This bill if passed will lead to cohersion to those voting which is why I am against this bill. I am not against unions but I am against the way they would function if this bill became law.

cpnpa 06/24/2009 4:20pm

I have been an employer for over 20 years, but now I’m force to sell my business to my competitor due to the economy and become an employee. I hope my new employer treats me as nice as I have treated my own employees over the years? When things are going well, we think have all the answers, but guess what, we don’t. 50 years ago corporations paid 40% of all taxes collected by US Government, now it’s less than 15%. The middle class are paying the difference now. At some point we can’t afford to be consumers anymore, but hopefully the corporations can find a new clientele somewhere else?

BrianVa76 08/17/2009 12:49am
in reply to justanothervoice Apr 08, 2009 11:27am

To answer your last question, we just voted on our union officials. It was a secret ballot, and it was ran similar to our own election polls. You signed in saying you voted, took a ballot, marked your choices without having to put your name on the ballot. Yes there are many self-serving officers out there. But there are officers who commit themselves fully to our rights. Can the same be said about employers? How about politicians? I for one think it is about time to look out for we middle-class workers. If you dont want to join the union, then dont. That is your choice as well.

flemingtonteaparty 05/02/2009 2:38am
in reply to Anonymous Apr 06, 2009 7:37pm

Register criminals, not guns.

fortermlimits 08/15/2009 8:54am

Leave it to a demoRAT to propose such a thing. 18 terms this guy has been in power!!!! Guess you californians think this is your choice next election. SAD

dankennedy73 06/24/2010 7:36am

I have to agree with mlittle145, I’m for unions. When they are ran right and responsibly, they do take care of the rights of the workers. It is now wonder that big corporations wish to see their demise.

SignOfTheDollar 07/02/2009 9:27am

Just the opposite of H.R. 1176. Interesting that there are only Democrat Co-Sponsors of this bill. It is obvious to me who Owns the Democrat party.

drews2 04/03/2009 5:11pm
in reply to snydes45 Apr 03, 2009 8:39am

To snydes45 – It is because some employers do not care about their employees as anything more than a “commodity” for which to bid, that employees need a collective body with which to speak and to defend their rights. They surely are not going to expect you or your type to do anything but the minimum, while maximizing everything for yourself and your investors.

bmwtriton 03/31/2009 5:19am

This is payback for the unions endorsing Barack Obama and the Democrats. The campaign contributions were given by the unions to influence the Democrats’ decisions on labor. That is nothing short of bribery, and, the last time I checked, bribery is a felony, and convicted felons should be prohibited from running for office, and those currently in office should be forced to resign. The FBI should investigate the motives for this legislation and for the unions’ contributions. If it is for corrupt purposes, those involved should be prosecuted.

dankennedy73 06/24/2010 7:40am
in reply to deborahg6 Mar 31, 2009 6:48am

Yes, I supose the argument for our liberties is getting old. Let’s just all of us shut up and allow the conservatives to strip all our rights from us without a word of dissent….will that make you happy?

VirginianPatriot1861 08/02/2009 2:43pm

NO NO NO NO NO NO NO NO NO! Card check or any variation of it MUST NOT PASS! Unions are DESTROYING this country! Look at SEIU! They’re responsible for pushing socialized medicine! UNIONS NEED TO BE OUTLAWED NOT SUPPORTED!

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