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 * The Bill
 * CoSponsors
 * Media
 * Updates
 * Contact
 * Donate


WHAT DO AMERICANS THINK?

According to national polling, over 65 percent of Americans support the ERA’s
key provisions.

See Polling


DUES FOR POLITICS

Since 2010, union officials have spent over $1 billion in member dues on
left-wing political advocacy — without employees’ permission.

Learn More


WHAT DOES THE ERA ACCOMPLISH?





1)  SECRET BALLOT ELECTIONS

Guarantee that a majority of all employees have a right to a secret paper ballot
election. Prevents pressuring an employer to deny a secret ballot election.
What it does:

Guarantee that a majority of all employees have a right to a secret paper ballot
election. Prevents pressuring an employer to deny a secret ballot election.

Support:

70% of all households were strongly/somewhat supportive.

76% of union households were strongly/somewhat supportive.

Why:

According to data from the National Labor Relations Board (NLRB), in 38% of all
union recognitions in 2009, the latest year for which data is available, unions
bypassed secret ballot elections and instead used card checks to unionize
employees. Specifically, the NLRB reports that unions won 794 single-union
representation elections. During that period, the NLRB recorded 485 notices of
card check union recognition.

Background:

Currently, unions can bypass secret ballot elections by using paid labor
organizers to persuade workers to sign “card check” agreements authorizing union
representation. Following that, they can pressure companies to “voluntarily”
accept a card check recognition of the union. Unions’ pressure tactics run from
paid picketers to political fights to brand attacks and much more. Union front
groups are common, as are bogus attacks by other community groups on the union’s
payroll.

Unions’ overall modus operandi is to blackmail a business by escalating pressure
tactics until it capitulates to the card check. The process is unregulated, and
anecdotal evidence suggests that signed agreement cards are often obtained
through deception, coercion, and intimidation of employees.

By requiring a federally supervised secret ballot election, unions and employers
could not agree to deny employees the right to vote in private.

 

Related Ads:



“Classroom Elections”

“Super Bowl Toilet Commercial”

See details


2)  POLITICAL PROTECTION

Require unions to receive opt-in permission from each member to use his or her
union dues for purposes other than collective bargaining (e.g., political
support).
What it does:

Require unions to receive opt-in permission from each member to use his or her
union dues for purposes other than collective bargaining (e.g., political
support).

Support:

76% of all households were strongly/somewhat supportive.

76% of union households were strongly/somewhat supportive.

Why:

Exit polls from 2016 demonstrate that 43 percent of union households voted
Republican, yet 86 percent percent of union political support went to Democratic
candidates. There is a disconnect between the unions’ political agenda and their
members’ personal ideology.

Background:

Currently, labor law allows unions to deduct money for supporting political
campaigns from an employee’s paycheck without obtaining prior approval. Only by
following the often onerous procedure to demand a refund of partial dues or by
resigning from a union can employees guarantee that their money will not support
candidates or a political party. The process is often overly complicated,
completely unregulated, and rife with intimidation. By requiring that union
members opt-in rather than having to pursue a refund of dues, employee rights
will be better protected.

Some states have passed paycheck protection laws for their public sector state
and local employees (who are not covered by federal labor law). The Employee
Rights Act’s paycheck provision would institute protection for private sector
workers in the United States.

Related Ads:



“Break Room”

See details


3)  EMPLOYEE PRIVACY PROTECTIONS

Limits the amount of employee personal information a union receives during an
organizing drive.
What it does:

Limits the amount of employee personal information a union receives during an
organizing drive.

Support:

79% of all households were strongly/somewhat supportive.

79% of union households were strongly/somewhat supportive.

Why:

In 1969 the National Labor Relations Board ruled that an employer must turn over
employees’ personal contact information within seven days of ordering a union
formation election. In some circumstances, employees have reported that labor
union organizers have used the information to visit employees at their homes and
pressure them to vote for the union.

Background:

There is currently no ability for employees to prevent their personal
information from being disclosed to the National Labor Relations Board and to
the union that seeks to represent them. The ERA limits the amount of employee
personal information a union receives during an organizing drive. In addition,
the bill makes it an unfair labor practice if the union uses employees’ personal
information for any reason other than a representation proceeding.

See details


4)  PROTECTIONS FOR LOCAL BUSINESSES

Give more Americans the opportunity to realize their dream of starting their own
business.
What it does:

Give more Americans the opportunity to realize their dream of starting their own
business.

Support:

65% of all households were strongly/somewhat supportive.

64% of union households were strongly/somewhat supportive.

Why:

Labor unions have attempted to eliminate the franchise model by asserting that
businesses should be held liable for other businesses, even if those businesses
are not under their direct control. This has created confusion for employers and
employees alike, and threatened the franchise model – a popular pathway to small
business ownership for so many Americans.

Background:

The ERA includes protections from the Save Local Business Act that codify the
longstanding and common sense precedent that preserves the path to owning one’s
own business for thousands of Americans. This provision provides clarity on the
joint-employer standard by stating that businesses should not be held liable for
other businesses that are not under their control.

See details


5)  PROTECTION FOR INDEPENDENT CONTRACTORS

Updates the current law to keep the definition of an "employee" in line with the
common-law definition used by several state statutes and recent Supreme Court
rulings.
What it does:

Updates the current law to keep the definition of an “employee” in line with the
common-law definition used by several state statutes and recent Supreme Court
rulings.

Why:

Millions of Americans enjoy the flexibility of being an independent contractor
but unclear or ever-changing definitions of the term “employee” threaten to
reclassify countless workers.

Background:

The common-law test established by the ERA determines the appropriate
classification for a given worker by relying primarilyon the degree of control
and independence that worker maintains. The ERA creates consistency when it
comes to defining employee and independent contractor status, providing
much-needed clarity for both workers and employers.

See details


THANK YOU TO OUR SUPPORTERS!

The following organizations have endorsed the Employee Rights Act:

© 2024 Center for Union Facts