Bob Schaffer on Protecting Workers' Right to a Secret Ballot

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EFCA would simply add a fourth choice for workers seeking to form a union. The legislation would require the NLRB to certify a union representative if a majority -- more than half -- of workers sign authorization cards in favor of the union.

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3) By NLRB-ordered recognition: As a last resort, the NLRB can order an employer who has engaged in unfair labor practices that make a fair election unlikely to recognize a labor union if a majority of employees have signed authorization cards in favor of the union. EFCA does not change this process.

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2) By voluntary card-check recognition: An employer can voluntarily decide to recognize a union representative if a majority of employees have signed authorization cards in favor of the union. EFCA does not change this process.

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1) By secret-ballot: The National Labor Relations Board (NLRB) will conduct a secret-ballot election to select a bargaining representative if at least 30 percent of workers have signed a petition or authorization cards in favor of a union. If a majority of workers voting select a particular union, the NLRB will certify that union as the employees bargaining representative. EFCA does not change this process

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MYTH: EFCA will prevent the use of secret-ballot elections.

REALITY: EFCA does not strip workers of their right to choose a secret-ballot election to decide whether to select -- or not to select -- a union representative. EFCA simply gives workers the additional option of selecting a union representative by majority sign-up.

Under the National Labor Relations Act (NLRA), there are three ways for workers to form a union: