Walls & Ceilings logo
search
cart
facebook twitter linkedin youtube youtube Spotify Podcasts Apple Podcasts Spotify Podcasts Apple Podcasts
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Walls & Ceilings logo
  • NEWS
  • TOPICS
    • Drywall
    • Stucco/EIFS
    • Ceilings
    • Steel Framing
    • Fireproofing
    • Interior Plaster
    • Building Envelope
    • Insulation
    • Technology
    • Interior
    • Exterior
    • Women In Construction
  • COLUMNS
    • Up Front
    • All Things Gypsum
    • Art & Craft of Plastering
    • Stucco Stop
    • Steel Deal
    • Industry Voices
  • PRODUCTS
    • Buzz Guide
  • EVENTS
    • Industry Events
    • Webinars
    • BUILD Expo
  • MEDIA
    • Videos
    • Podcasts
    • Photo Galleries
    • BUILD26 Videos
    • Take our Quiz!
    • Infographics
  • EXCLUSIVE
    • Newsletters
    • Top 50 Contractors
    • Contractor of the Year
    • State of the Industry
    • W&C Store
    • Market Research
    • CEUs
    • Sponsor Insights
    • Custom Content & Marketing Services
  • DIRECTORY
  • EMAGAZINE
    • eMagazine
    • Advertise
    • Archive Issues
  • SIGN UP!
Columns

Up Front: The Employee Free Choice Act

By Mark Fowler
June 8, 2009


You might start hearing about the Employee Free Choice Act. This legislation is somewhat complex and depending on who is telling the story, there will probably be some spin to it. The EFCA is legislation to basically determine the process and rules for employees and employers in determining whether to become organized (Union) or possibly even change jurisdictions. Under current law, workers choose through an election process with secret ballots or a more public majority sign up, known as a “card check.” However, the National Labor Relations Board will only certify the selection by the employees if the process was through a secret ballot election or if the employer agreed to the public card check procedure.

WHAT IS NEW?

On March 10, new language was introduced to congress altering the EFCA policy. If the EFCA language passes, the secret ballot option moves from the employer option to an employee option and presumably will favor union organizers. In addition, the penalties for employers who violate NLRB laws regarding organizing efforts by the employees would be much stricter and set arbitration and mediation procedures. Unions see this as a fair tool to allow them to organize workers, and protect workers’ rights to speak freely without reprisals from companies. Non-union employers see this as a threat to free enterprise business and allowing unions to bully, threaten and intimidate employees.

I believe both sides have fair arguments and can make strong examples of where companies and unions have each bullied people for personal gain. This editorial is not meant to sway you one way or the other-readers must make the decision that is best for them, their families and businesses. In an attempt to be as unbiased as possible, here are both points of view and a statement from U.S. representatives that have strong opinions on the issue.

SUPPORT 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 honor their workers’ signed authorization forms as designations “ … and may insist that the workers use a secret-ballot election conducted by the NLRB to establish their union” even if 100 percent of the employees provide the NLRB with signed authorizations designating the union as their bargaining agent.

Representative George Miller (D-California) makes a case for EFCA:

“The current process for forming unions is badly broken and so skewed in favor of those who oppose unions, that workers must literally risk their jobs in order to form a union. Although it is illegal, one-quarter of employers facing an organizing drive have been found to fire at least one worker who supports a union. In fact, employees who are active union supporters have a one-in-five chance of being fired for legal union activities. Sadly, many employers resort to spying, threats, intimidation, harassment and other illegal activity in their campaigns to oppose unions. The penalty for illegal activity, including firing workers for engaging in protected activity, is so weak that it does little to deter lawbreakers.

“Even when employers don’t break the law, the process itself stacks the deck against union supporters. The employer has all the power; they control the information workers can receive, can force workers to attend anti-union meetings during work hours, can require workers to meet with supervisors who deliver anti-union messages, and can even imply that the business will close if the union wins. Union supporters’ access to employees, on the other hand, is heavily restricted.”

OPPOSITION EFCA

Critics contend that additional use of card check elections will lead to overt coercion on the part of union organizers. Opponents of the EFCA also point out that the measure would not protect employee privacy.

Representative John Kline, (R-Minnesota) explaining his opposition to the EFCA:

“It is beyond me how one can possibly claim that a system whereby everyone-your employer, your union organizer, and your co-workers-knows exactly how you vote on the issue of unionization gives an employee ‘free choice.’ ... It seems pretty clear to me that the only way to ensure that a worker is ‘free to choose’ is to ensure that there’s a private ballot, so that no one knows how you voted. I cannot fathom how we were about to sit there today and debate a proposal to take away a worker’s democratic right to vote in a secret-ballot election and call it ‘Employee Free Choice’.”

Regardless of union vs. non union, the EFCA could have an impact on you, your firm or even your customers. This editorial was a simplified general overview of EFCA and does not delve into the complexities and nuances of the labor law. For example, there are also significant changes with regard to how a collective bargaining agreement is reached when an election is over the 50 percent mark and this is not covered in the media. If you find yourself being affected by the Employee Free Choice Act, I strongly suggest contacting a lawyer experienced in labor law for educated guidance. W&C

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Headshots fowler

Mark Fowler joined Walls & Ceilings as editorial director in 2006. Fowler grew up in the construction business and has held a number of positions in different companies and associations. He spent 11 years with the Northwest Wall and Ceiling Bureau before moving to his position with Soltner Group Architects in Seattle. Fowler is currently the executive director of the Stucco Manufacturers Association. He can be reached at Mark@markfowler.org.

 

Recommended Content

JOIN TODAY
To unlock your recommendations.

Already have an account? Sign In

  • Abercrombie & Fitch

    EIFS in 2026: How Specialty Finishes Are Redefining Exterior Wall Systems

    As building codes, owner expectations, and design demands...
    Stucco/EIFS
    By: Regi Mendoza
  • proper air and vapor control

    From Energy Efficiency to Moisture Management: Why Air and Vapor Control Matter

    How proper air and vapor control within building...
    Building Envelope
    By: Benjamin Meyer AIA, LEED AP
  • Linear Metal Ceiling Beam Baffles

    Top 25 Ceiling Contractors of 2026

    Suspended ceilings demand precision, code compliance and...
    Ceilings
    By: John Wyatt and Tanja Kern
You must login or register in order to post a comment.

Report Abusive Comment

Manage My Account
  • eMagazine Subscription
  • Newsletters
  • Online Registration
  • Manage My Preferences
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Walls & Ceilings audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Walls & Ceilings or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • medical professionals moving a patient on a stretcher through the halls of a medical building
    Sponsored byNational Gypsum Company

    What Does High Performance Mean When It Comes To Gypsum Boards?

Popular Stories

Linear Metal Ceiling Beam Baffles

Top 25 Ceiling Contractors of 2026

Wichita Biomedical Campus

Wichita Drywall Worker Dies After Scaffolding Fall

Construction workers in safety vests install drywall

Gypsum Sales Hold Amid Market Shifts in the U.S.

QXO Just Changed the Game-Here's What Contractors Are Asking

QXO Just Changed the Game-Here's What Contractors Are Asking

Events

June 24, 2026

The Bright Side & Benefits of Designing with Integrated Lighting

Credits 1 AIA LU/HSW; 0.1 ICC CEU

This course will explore the pivotal role architects and lighting design play in creating safer, more sustainable spaces. Learn how to avoid common lighting mistakes and make informed decisions that create the best visual environment for occupants. 

January 1, 2030

Webinar Sponsorship Information

For webinar sponsorship information, visit www.bnpevents.com/webinars or email webinars@bnpmedia.com.

See our full library of webinars

View All Submit An Event

Products

2026 National Painting Cost Estimator

2026 National Painting Cost Estimator

See More Products

Related Articles

  • Trowel Talk: Employees Free Choice Act

    See More
  • Up Front: The Boom and the Bust

    See More
  • Up Front: The Shame of the CYA

    See More

Related Products

See More Products
  • building codes illustated.jpg

    Building Codes Illustrated: A Guide to Understanding the 2021 International Building Code, 7th Edition

  • Lean Builder book cover - front.jpg

    The Lean Builder

See More Products
×

Connect with the industry’s leading resource for unparalleled insights and education.

Join thousands of industry professionals today. Shouldn’t you know what they know?

JOIN NOW
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • YouTube
    • X
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing