COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Board of Supervisors

DATE:

April 3, 2007

BOARD MEETING DATE:

April 10, 2007

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Supervisor Mark Church

Supervisor Rose Jacobs Gibson

SUBJECT:

Resolution in Support of the Employee Free Choice Act

RECOMMENDATION:

Adopt a resolution in support of the Employee Free Choice Act, H.R. 800

VISION ALIGNMENT:

Commitment: Realize the Potential of Our Diverse Population

Goal 2: Civic engagement — including voting, public service, charitable giving, volunteerism and participation in public discussion of important issues — is uniformly high among the diverse population.

BACKGROUND:

The United States Congress is presently considering the Employee Free Choice Act (Act), H.R. 800, introduced by Senator Edward Kennedy (D-Mass.) and Representative George Miller (D-Calif.). On March 1, 2007, the Act passed the House of Representatives by a vote of 241 to 185. The bill is now pending before the Senate.

If it becomes law, the Act would require the U.S. National Labor Relations Board (NLRB) to certify a union as the exclusive representative of employees where “a majority of the employees in a unit appropriate for bargaining has signed valid authorizations.” This new provision would eliminate any requirement that the NLRB poll the members of the unit by secret ballot whenever a majority of the members have already submitted their names by petition to the NLRB. In addition, the Act would require parties who cannot agree upon the terms of a first collective bargaining contract within 120 days to submit the issues to an arbitration board, which would be empowered to settle the dispute, and also enhances penalties against employers who retaliate against union organizers.

DISCUSSION:

Representative Miller and the 233 co-sponsors of this bill, including Representatives Eshoo and Lantos, have addressed a significant flaw in the process of union organizing. That effort deserves the Board’s support.

The key provisions of this bill are designed to eliminate the ability of employers to use the period before a secret ballot to engage in unfair labor practices to defeat the unionization effort. According to the authors of the bill, such tactics have included retaliatory firings during union organizing drives, or aggressive misinformation campaigns against union organizers, such as mandatory anti-union meetings and presentations which often include implications that the business will close if the union wins the secret ballot. These tactics undermine the right to unionize.

The bill would eliminate the need for unions and employers to engage in bitter campaigns against each other prior to a secret ballot, and replace them with an alternative petition process in which no election need be held if a majority of employees have signed the petition to appoint an exclusive bargaining representative.

H.R. 800 represents an important step toward civility and amity between union organizers and employers. Its most important provisions give union organizers a process by which the union’s proposed members can make a rational decision amongst themselves without coercion or intimidation by management. It also enshrines the important values of conciliation by arbitration and a commitment to enforcing fair labor practices following an organizing drive.

The County of San Mateo should voice its endorsement of the approach to employer-employee relations represented by H.R. 800, and give an official voice to the numerous County residents who stand to benefit from its provisions if passed.

FISCAL IMPACT:

None