Legislation has been introduced in both chambers of Congress to change the manner in which American workers determine whether to establish a union in their place of work. This legislation would replace secret ballot elections with "card check" elections.
The preferred method for determining whether employees want a union to represent them is a secret ballot election overseen by the National Labor Relations Board (NLRB). To ensure a fair election, the NLRB follows strict procedures, such as having an NLRB agent present to oversee the entire voting process and ensure that neither the employer nor the union can determine how an individual employee votes. Elections are generally held promptly, typically within 60 days of the petition, and contrary to concerns regarding union ability to succeed in secret ballot elections, unions win in more than 50 percent of elections. The law prohibits employers from making threats of reprisal, force or promising benefits that might interfere with an election. Prohibited acts include threats of physical force or loss of job or benefits, or promises of pay raises, promotions or other benefits. If employers engage in this behavior, and their behavior disrupts election conditions, the NLRB may order the employer to bargain with the union even where the union lost the election.
Union leadership now claims that secret ballot elections are an impediment to unionization, preferring "card check" elections. Through this process, if the union collects signatures from 50 percent plus 1 of employees expressing the desire to join a union, the workplace would be unionized without the need for a secret ballot election. Opponents of this process are concerned that it opens the door to coercion because employees may be forced to cast their vote in front of union organizers and fellow employees who support unionization.
Although unionization in the convenience and petroleum retailing industry is not a major issue, it could become so as the unions begin to set their sights on new venues for membership. The services sector is clearly on their list of objectives, and with more than 1.5 million workers, the convenience industry may not be far behind. In fact the SEIU has developed a strategic plan to begin organizing fast food outlets and convenience stores.
NACS is opposed to EFCA.
The Employee Free Choice Act has not been introduced in the 112th Congress.