EMPLOYEE FREE CHOICE ACT

Employee Free Choice Act



Hr Group's Position on the Strengths and Weaknesses of the Employee Free Choice Act

Introduction

As always race based charges lead the way at 36.2% in 1997 and 37.0% in 2007. In fact all of the enforcement statistical areas have increased in charges since 1997. These other areas include sex or gender, national origin, age, disability, religion, etc. This also includes one of my favorites, retaliation-all statutes. As someone who has been a manager and an employee it's understandable that The Employee Free Choice Act would strike fear in the hearts of companies and their HR departments. (Kiley, 2007)

HR's exist to do what are in the best interest of the company (management or owner(s)) not the employees. You're responsible for creating and maintaining a workplace free of intimidation and harassment. That's another interesting assessment as I been the recipient of and mediated cases where the harassment and intimidation were blatant with HR blessing. (Sanger et al. 2008)

I believe the EEOC charge statistics given earlier show that American business has no one to blame but itself for the climate favorable to a Employee Free Choice Act. What I see is that it would also restrict the ability for ongoing collusion between HR and management from continuing to violate the basic employee rights of its workforce. In my view one of the biggest weapons American business has used against employees is the employees own ignorance of their basic employee rights.

Discussion

I've been to numerous “employment” seminars over the years but not one sponsored by the company taught or trained employees in areas such as how to recognize and prove sex, race, disability, discrimination in the workplace. I never experienced a company sponsored class or seminar on how a company can create a hostile work environment or a being aware of what retaliation looks like and how to prove same.

American business has always had an “us vs them” mentality in dealing with employees. If not there would never have been a need for unions. I believe unions can be just as detrimental to the workplace as companies who routinely violate their employee rights. (Sanger et al. 2008)

Companies will always want to have an advantage in the workplace and maintain an uneven level of control. For me the jury is still out on the Employee Free Choice Act. But I have learned from experience that anything that frightens management is usually a good thing for the workforce. The bottom-line as I see it on this legislation is the effective elimination of American businesses long hallowed “At Will doctrine”.

If there was one piece of legislation that is right around the corner that could put your employer out of business and the economy on its knees it's the Employee Free Choice Act (EFCA).

If you are an employer or work in Human Resources and you are not familiar with the act just wait until after the elections before you become familiar. The EFCA is on Obama's 100 day implantation plan and organized labor ...