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Collective bargaining is a key mechanism by which workers receive a fair share of productivity gains in the economy. Since the early 1970s, however, U.S. workers have experienced an erosion in their rights to form unions and bargain collectively. The Employee Free Choice Act is a legislative initiative to reverse this trend.

The Employee Free Choice Act will: strengthen penalties against companies that coerce or intimidate workers trying to form unions and bargain; establish mediation and binding arbitration when the employer and workers cannot agree on a first contract; and enable employees to choose between two options for gaining union recognition: majority sign-up or the National Labor Relations Board election process.

Please show your support for the Employee Free Choice Act by signing on to the Scholars in Support of the Employee Free Choice Act statement.

Bill summary

Link to the full text of the bill

James Brudney, “Neutrality Agreements and Card Check Recognition: Prospects for Changing Labor Relations Paradigms.” The Journal of the ACS Issue Groups (2007).  

Peter Dreier and Kelly Candaele, "How the Employee Free Choice Act Would Help Colleges." The Chronicle of Higher Education (2007).

John-Paul Ferguson, “The Eyes of the Needles: A Sequential Model of Union Organizing Drives: 1999–2004.” Industrial and Labor Relations Review (2008).

Tom Juravich, Kate Bronfenbrenner and Rob Hickey, “Significant Victories: An Analysis of Union First Contracts,” in Rich Block, Sheldon Friedman, Michelle Kaminski and Andy Levin (eds.), Justice on the Job, Upjohn Institute (2006).

Gordon Lafer, “What’s More Democratic than a Secret Ballot? The Case for Majority Sign-Up.” Working USA (2008).

John Logan, “Consultants, Lawyers, and the ‘Union Free’ Movement in the USA Since the 1970s.” Industrial Relations Journal (2002).

Bruce Nissen, “Would the Employee Free Choice Act Effectively Protect the Right to Unionize? Evidence from a South Florida Nursing Home Case.” Labor Studies Journal (2009)

Jeannette Wicks-Lim, "Creating Decent Jobs in the United State." Political Economy Research Institute (2009).

Stewart Acuff and Sheldon Friedman, “To Reduce Economic Inequality, Protect Workers’ Rights,” Huffington Post (March 12, 2008).

Stewart Acuff and Sheldon Friedman, “Union Choice Would Help a Faltering Economy,” Campaign for America’s Future (February 5, 2008).

Dean Baker, “The Recession and the Freedom to Organize,” AFL-CIO Point of View (February 2008).

Jeff Cowie, “For the Long Run: The Employee Free Choice Act,” Common Dreams (April 27, 2006).

Peter Dreier and Kelly Candaele, “Labor Law Reform Not Just for Unions,” CommonDreams (May 11, 2007).

Sarah Fox, “Let Them Sign Up For a Union,” Legal Times (April 23, 2007).

Sheldon Friedman, “Paul Krugman: Strong Unions Create a Strong Middle Class,” AFL-CIO Blog (January 2008).

Michael H. Gottesman, “The Improbable Claim That EFCA Is Unconstitutional,” American Constitution Society for Law and Policy (February 4, 2009).

Human Rights Watch, “Letter to the House of Representatives in support of Employee Free Choice Act" (February 26, 2007).

Senator Edward Kennedy, “Leveling the Playing Field for American Workers: The Employee Free Choice Act,” Labor and Employment Relations Association Perspectives at Work On-line Companion (Fall 2005).

Nelson Lichtenstein, “Why Wal-Mart Workers Need EFCA: America's largest private employer has systematically harassed and fired pro-union workers” In These Times (June 14, 2009).

John Logan, "Myths and Realities about the Employee Free Choice Act" Campaign for America's Future (May 4, 2009)

John Logan, “Tony Blair’s Real Legacy: Minimum Wage and Union Recognition,” CommonDreams (June 19, 2007).

David Madland, “The Write Stuff,” Center for American Progress (April 10, 2008).

David Moberg, “Battling Over Employee Free Choice: The fate of labor's top legislative priority is in the Senate's hands” In These Times (May 28, 2009).

Arnold Zack, "First Contract Arbitration: Issues and Design," LERA Commons (March 13, 2009)

Robert Bruno, “Majority Authorizations and Union Organizing in the Public Sector: A Four-State Perspective” (2009).

Human Rights Watch, “Discounting Rights, Wal-Mart’s Violation of U.S. Workers’ Right to Freedom of Association” (2007).

Human Rights Watch, “Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards” (2000).

Leadership Council on Civil Rights, “Restoring the Right of Workers to Form Unions: A National Priority and a Civil Rights Imperative” Leadership Conference on Civil Rights (2007).

John Logan (ed.), “Academics on Employee Free Choice: Multidisciplinary Approaches to Labor Law Reform” (2009)

John Logan, “U.S. Anti-Union Consultants: A Threat to the Rights of British Workers,” Trades Union Congress (2008).

Matt Vidal and David Kusnet, “Organizing Prosperity: Union Effects on Job Quality, Community Betterment, and Industry Standards,” Economic Policy Institute (2009).

American Anthropological Association Policy Brief, “The Right of Employees to Organize Unions” (2007).

Americans for Democratic Action Policy Brief, “The Employee Free Choice Act: Protecting the Right of Workers to Choose Unions” (2008).

"The Benefits of Unionization" Center for Economic and Policy Research (2009).

Bureau of Labor Education, University of Maine, “Restoring the Right to Organize: Impacts of the Employee Free Choice Act” (2008)

Kate Bronfenbrenner, “No Holds Barred: The Intensification of Employer Opposition to Organizing” Economic Policy Institute (2009).

John DiNardo, “Still Open for Business: Unionization Has No Causal Effect on Firm Closures” Economic Policy Institute (2009).

Richard B. Freeman, "Do Workers Still Want Unions? More than Ever" Economic Policy Institute (2007).

Jonathan Hiatt, “Prospects for Labor Law Reform: A Labor Perspective” Labor and Employment Relations Association (2009).

Human Rights Watch, "The Employee Free Choice Act: A Human Rights Imperative" (2009).

John Logan, “Union Recognition and Collective Bargaining: How Does the United States Compare With Other Democracies?” Labor and Employment Relations Association (2009).

Larry Mishel and Matthew Walters, “How Unions Help All Workers” Economic Policy Institute (2003).

John Schmitt, “Unions and Upward Mobility for African-American Workers” Center for Economic and Policy Research (2008).

John Schmitt, "Unions and Upward Mobility for Latino Workers" Center for Economic and Policy Research (2008).

John Schmitt, “Unions and Upward Mobility for Service-Sector Workers” Center for Economic and Policy Research (2009).

John Schmitt, "Unions and Upward Mobility for Women Workers" Center for Economic and Policy Research (2008).

John Schmitt, "Unions and Upward Mobility for Young Workers" Center for Economic and Policy Research (2008).

John Schmitt et. al, “Unions and Upward Mobility for Low-Wage Workers” Center for Economic and Policy Research (2007).

John Schmitt and Ben Zipperer, “Dropping the Ax: Illegal Firings during Union Election Campaigns, 1951-2007” Center for Economic and Policy Research (2009).

Harley Shaiken and David Madland, “Unions Are Good for the Economy and Democracy” Center for American Progress (2008).

Harley Shaiken, “Unions, the Economy and Employee Free Choice” Economic Policy Institute (2007).

"Act would boost American Dream" The Missoulian (May 19, 2009).

"Against Company-Dominated Elections: The Need for EFCA" Dissent (April 1, 2009).

"An Effective Tool for U.S. Workers" Raleigh News & Observor (September 7, 2009).

“Businesses should back greater unionization” Milwaukee Journal Sentinel (April 4, 2009).

“Choose to return power to workers” Lebanon Daily News (June 18, 2009)

"Debate over EFCA shows stacked deck against labor" Omaha World-Herald (April 17, 2009).

“Does Labor Need More Clout?” San Francisco Chronicle (March 3, 2008).

“A Dream Short-Circuited” Washington Post (April 11, 2007).

"EFCA is a Priority for Many Civil Rights Leaders" Roll Call (April 30, 2009).

“Employee Free Choice Act: Labor vs. Business; Essential to the Future of America's Middle Class” Business Week (September 22, 2008).

“Employee Free Choice Act Could Be Biggest Reform since New Deal” (multiple newspapers, 2008).

“Employee Free Choice Act is backbone of strong unions and a strong economy” New Jersey Star-Ledger (March 31, 2009).

"For Free Choice" Arkansas Times (April 16, 2009).

“Happy Labor Day. Drop Dead” Wall Street Journal (September 3, 2008).

“In need of real labor reform” Chicago Tribune (June 14, 2009).

“Let Workers Choose How to Organize” Wisconsin State Journal (March 14, 2009).

“Modernizing Labor Law” Boston Globe (June 21, 2007).

“Negotiations, Mediation Key to First Contract Arbitration” Roll Call (June 15, 2009).

"Please Rethink Card Check" Northwest Arkansas News (May 10, 2009).

“Promoting unions and recovery” Raleigh News & Observer (April 6, 2009).

“Reinforcing Labor’s Right to Organize” San Diego Union-Tribune (March 1, 2007).

“Restoring Worker Choice” America: The National Catholic Weekly (August 27, 2007).

“A Shield against Corporate Bullying” Washington Post (February 27, 2007).

“Should Labor Law Allow Unionization without Voting?” The Columbus Dispatch (May 15, 2007).

"Standard of Living Must Be Raised" Roll Call (May 18, 2009).

“Stimulus from the bottom up” Baltimore Sun (April 6, 2009).

"The Union Way Up" Los Angeles Times (January 26, 2009).

"Unionization: A Private Sector Solution to the Economic Crisis" Dissent (Spring 2009).

“U.S. laws fail to protect rights of American workers” Bangor Daily News (June 9, 2009).

“Voters have the power to upset business lobby” San Francisco Chronicle (September 5, 2008).

“A War Against Organizing” Washington Post (June 3, 2009).

"What Obama Must Do: A Letter to the New President" Rolling Stone (January 14, 2009).

“What Workers Want, Congress Should Provide” Washington Post (August 3, 2007). 

"Who Are Our Senators Representing on Employee Legislation?" The Herald Times (May 20, 2009).

"Why Unions Matter To Hispanics" Poder Magazine (April 2009).

“Why We Need EFCA” The American Prospect (December 2, 2008).

“Why Unions Fail” Raleigh News & Observer (November 18, 2008).

“Why workers need the Employee Free Choice Act” (April 9, 2009).

"Wide Support for EFCA's Principles" The Hill (April 28, 2009).

“Workers need added clout to close the pay gap with CEOs” The New Jersey Star Ledger (September 1, 2008).

"Workers need the Employee Free Choice Act" Portland Press Herald (Sept. 20, 2009).

"Yes, Free Choice Act Equals Power" South Florida Sun-Sentinel (September 6, 2009).

House Education and Labor Committee, Report on H.R. 800: The Employee Free Choice Act of 2007.

Testimony of Kelly Badillo, member of 32BJ Service Employees International Union (March 2009).

Testimony of Ivo Camilio, Blue Diamond Growers employee (February 2007).

Testimony of Cynthia Estlund, New York University Law School (March 2007).

Testimony of Sharon Harrison, customer service representative for AT&T Mobility, Lebanon, Virginia (March 2009.

Testimony of Wade Henderson, President & C.E.O., Leadership Conference on Civil Rights (March 2009).

Testimony of Errol Hohrein, former Front Range Energy employee, United Steelworkers (March 2007).

Testimony of Teresa Joyce, Cingular employee and Communication Workers of America member (February 2007).

Testimony of Deborah Kelly, apprentice lineperson, Chugach Electric Association, Anchorage, Alaska (March 2009).

Testimony of Gordon Lafer, University of Oregon (February 2007).

Testimony of Keith Ludlum, Smithfield Packing Co. employee (February 2007).

Testimony of Larry Mishel, Economic Policy Institute (March 2007).

Testimony of Senator Patty Murray (June 2007).

Testimony of Nancy Schiffer, AFL-CIO (February 2007).

Testimony of Harley Shaiken, University of California, Berkeley (February 2007).

Testimony of Paula Voos, Rutgers the State Universsity of New Jersey (March 2009).

Testimony of Reverend Jim Wallis, President, Sojourners (March 2009).

AFL-CIO

American Rights at Work

American Library Association, Allied Professional Association

American Political Science Association Labor Project

American Public Health Association

American Sociological Association

Americans for Democratic Action

Business Scholars Support the Employee Free Choice Act

Catholic Scholars for Worker Justice

Center for American Progress

Child Labor Coalition

Democratic National Committee

Economic Policy Institute Economists' Statement

Human Rights Watch

Labor and Working Class History Association

Pax Christi USA

Religious Action Center for Reform Judaism

United Methodist Church, General Board of Church and Society