I wrote all of my elected Federal representatives yesterday, encouraging all of them, in both houses of Congress, to support the Employee Free Choice Act (EFCA). EFCA adds the ability of a simplified “checkbox” style vote for employees to vote to form a union. My state’s senators, Bill Nelson and Mel Martinez came down on different sides of this issue – and both wrote me to explain their positions; but, both also wrote me two diametrically opposed points of fact.
Bill Nelson wrote the following:
Dear Mr. Bossinger:
Thank you for contacting me regarding the Employee Free Choice Act, introduced by Senator Kennedy.
This legislation would amend the National Labor Relations Act (NLRA) as it relates to union organizing rules, allowing for so-called “card check” elections in addition to today’s system of secret ballots. It also strengthens rules and increases penalties for employers who refuse to negotiate with newly formed bargaining units.
The legislation passed in the House of Representatives during the last session of Congress. I voted to take up this bill on the Senate floor, but it did not receive enough votes for consideration. I am a cosponsor of this legislation and will be sure to monitor any action dealing with union organizing rules.
As this legislation moves forward, I will keep your views in mind. I appreciate hearing your concerns; please don’t hesitate to contact me in the future.
P.S. From time to time, I compile electronic news briefs highlighting key issues and hot topics of particular importance to Floridians. If you’d like to receive these e-briefs, visit my Web site and sign up for them at http://billnelson.senate.gov/news/ebriefs.cfm
while Mel Martinez wrote this:
Dear Mr. Bossinger:
Thank you for contacting me with your concerns about employee collective bargaining rights. I appreciate hearing from you and would like to take this opportunity to respond.
On February 5, 2007, Representative George Miller (D-CA) introduced the Employee Free Choice Act (H.R. 800). This measure would provide workers the ability to form and join unions through signed authorization from a majority of employees designating the union as its bargaining representative. In seeking to eliminate employer manipulation of union certification, this bill also takes away employee’s option of voting by secret ballot, which could lead to the discrimination of workers by the certified union. H.R. 800 was passed by the House of Representatives by a vote of 241 to 185 on March 1, 2007.
On June 26, 2007, H.R. 800 failed to receive the 60 votes necessary for the Senate to proceed in the consideration of the measure. Because of my concern over the elimination of secret ballot elections and binding arbitration mandates, I voted against the motion to consider this legislation. The bill failed by a vote of 51 to 48. Please know I will be sure to keep your thoughtful comments in mind should the Senate again consider legislation related to employees and collective bargaining rights.
Again, thank you for sharing your views with me. If you have any additional questions or comments, please do not hesitate to contact me. In addition, for more information about issues and activities important to Florida, please sign up for my weekly newsletter at http://martinez.senate.gov.
Sincerely,
Mel Martinez
United States Senator**Note: PLEASE DO NOT REPLY TO THIS E-MAIL. If you would like to reply to this message, please contact me through my website at http://martinez.senate.gov.
My question is: Which one is right? Nelson, who says that this law would augment employees’ rights to have additional methods of voting to form a union? Or Martinez, who says that this law would take away the right to employees voting on a secret ballot?
I’m confused… please help me out.
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