APWU and the Employee Free Choice Act

1. APWU and theEmployee Free Choice Act William Burrus President Terry R. Stapleton Secretary-Treasurer April 2009

2. EveryWorker Deserves The Freedom to Bargain The Employee Free Choice Act (EFCA)is the most important labor legislation in decades. • It would help level the playing fieldfor workers who want to form unions. • The Employee Free Choice Actwill help us build an economy that works for everyone.

3. EveryWorker Deserves The Freedom to Bargain For more than a century, the standard of living of the middle class has paralleled the rise and fall in union membership. In recent decades, employers have made it much harder for workers to unionize – and the middle class has suffered.

4. EveryWorker Deserves The Freedom to Bargain “Corporate greed has distorted our economy. We need a counterweight. Working people can be that balance when they're united in unions.” John Sweeney AFL-CIO President

5. EveryWorker Deserves The Freedom to Bargain Union workers:  • Earn 28% more than those who don’t have unions; • Are 52% more likely to have healthcare benefits; • Are 3 times as likely to have pensions. America needs the Employee Free Choice Act.

6. EveryWorker Deserves The Freedom to Bargain “Supporting the freedom to bargainis an act of solidarity with workers who are less fortunate that we are. “It will also help us preserve good postal jobs.” William BurrusAPWU President

7. It Won’t Be Easy But passing the Employee Free Choice Act won’t be easy. The House of Representatives is expected to pass EFCA (H.R. 1409) by a wide margin. The challenge will be in the Senate, where we will need 60 votes to overcome an expected “filibuster.” (As of now, 39 senators have co-sponsored S. 560.)

8. It Won’t Be Easy Stopping EFCA is the top priority for big business and its anti-labor allies in Washington DC. The U.S. Chamber of Commerce has dedicated $200 million to fund an ad campaign to defeat EFCA. And they are putting severe pressure on senators to vote “no.”  We must encourage our senators to vote “yes.”

9. The Employee Free Choice Act The EFCA has three major components. It will: • Require employers to recognize unions when a majority of workers indicate they want one; • Encourage employers to bargain in good faith; • Stiffen penalties against employers who retaliate against union supporters.

10. The Employee Free Choice Act The Employee Free Choice Actwould let workers decidewhether they want to form a union by: • Signing union cards, or • Holding secret-ballot elections. Under current law,management decides which method will be used.

11. The Employee Free Choice Act Why wouldn’t workers choosea secret-ballot election? The law currently dictates that workers can request an election for union representation once they have collected signatures “showing interest” from 30 percent of the workforce.

12. The Employee Free Choice Act That’s when the mischief begins. Employers almost always demandsecret-ballot elections, and then use the delayto threaten, coerce, and intimidate the workers.

13. The Employee Free Choice Act Company Tactics: • 92% force employees to attend meetings where they bad-mouth unions. • 75% hire union-busting “consultants.” • 51% threaten to close if workers form a union. • 25% illegally fire at least one union supporter.

14. The Employee Free Choice Act Under the proposed law, when more than50% of workers have signed union cards,the National Labor Relations Boardand the employer must recognize the union. This feature is called“majority sign-up.”

15. Fact vs. Fiction Big Business is attacking the bill with the ‘Big Lie.’ (The “big lie” is a propaganda technique that suggests if you repeat a falsehood often enough, people will believe it). Big Business says the Employee Free Choice Act will eliminate secret-ballot elections.

16. Fact vs. Fiction Under the Employee Free Choice Act,workers can choose a secret-ballot election. The legislationputs the choice about how to form a union in the workers' hands. That’s what all the controversy is about.

17. Stiffer Penalties In the meantime, illegal activities by employers – such as firing union supporters – have become epidemic. The penalties for these infractions are so minor that employers consider them just another “cost of doing business.”

18. Stiffer Penalties Tougher penalties will provide better protection for workers’ rights. The EFCA would: • Fine companies up to $20,000 for each violation; • Force employers to pay triple back wages to illegally fired workers; • Require the NLRB to take companies to court when they violate the law.

19. Negotiating a First Contract The Employee Free Choice Act would encourage employers to bargain in “good faith” by establishinga procedure for negotiating a first contract.

20. Negotiating a First Contract The bill provides: • 90 days to negotiate a contract. If that fails, • 30 days for mediation. Then, • Mandatory binding arbitrationfor a minimum two-year contract.

21. EFCA and the APWU The Employee Free Choice Act would give workers who want to form unions a fair opportunity to do so. It is also essentialfor preservinggood postal jobs,wages, and benefits.

22. EFCA and the APWU A large pool of non-unionized workers allows employers to keep wages low – even for members of unions.

23. EFCA and the APWU Among the “unorganized” workers are: • Truck Drivers • Custodians • Mail Processors • Parcel Sorters • Retail Clerks Many work for private contractors and perform duties similar to APWU members. 

24. EFCA and the APWU The passage of the Employee Free Choice Act will affect postal workers in two ways: • Pay Comparability • Contracting Out Postal Work

25. EFCA and the APWU According to federal law, postal wages are based on a standard of “pay comparability.” That means postal wages should be close to the pay of workers who perform similar work in the private sector. When the wages of workers performing similar duties are low, postal workers have a tough time winning pay increases.

26. EFCA and the APWU Many workers who perform work similar to ours make far less than we do because they don’t have a union to bargain for better wages and benefits.

27. EFCA and the APWU In a bad economy, and with millions of unorganized workers, the USPS is expected to seek wage and benefit concessions. Our COLAs, our healthcare benefits, and our job security are at risk. Supporting the Employee Free Choice Act will help us protect our wages and benefits.

28. EFCA and the APWU The Employee Free Choice Act also would reduce the incentive for contracting out. After all, employerssubcontract work because they believethe contractors’ lower wageswill save them money.

29. EFCA and the APWU The Employee Free Choice Act would: • Level the playing fields for workers who wantto form unions; • Strengthen the middle class; • Protect good postal jobs.

30. Time for Action Now is the time for action. Local union activists must help spread the word about the importance of passing the Employee Free Choice Act.

31. Time for Action To win support for the Employee Free Choice Act, locals can:  • Donate funds to the AFL-CIO’s Turn Around America media campaign; • Contact your senators and ask them to support theEmployee Free Choice Act; • Write letters; make phone calls, and send e-mails at meetings.

32. Time for Action “It’s time our economy worked for everyone again. “It’s time to passthe EmployeeFree Choice Act.”

33. Turn America Around Fund Please make checks payable to: AFL-CIO Secretary-Treasurer In the memo line, note: Turn Around America Fund Mail checks to: Office of the Executive Vice President, AFL-CIO 815 16th Street NW Washington DC 20006 Be sure to notify the APWU Secretary-Treasurer’s office of your contribution, so your local can get the recognition you deserve! The Turn Around America Fund accepts donations only from labor organizations and from individuals on their own behalf.