Employee Free Choice Act, HR 800, Moving Through House

Heralded as American workers' best hope to form unions and bargain contracts with employers who brazenly break today's labor laws, the Employee Free Choice Act crossed its first hurdle in Congress in February as the House Education and Labor Committee voted to send it to the full House of Representatives.

The bill, H.R. 800, was introduced in the House in early February with the bipartisan support of 224 Democrats and seven Republicans. CWA's vigorous work on behalf of the bill included testimony before a House labor subcommittee and a full slate of meetings with lawmakers and media events during the third week of February.

Rep. George Miller (D-Calif.), who co-sponsored the bill with New York Republican Rep. Peter King, said the Employee Free Choice Act is crucial in an economy "more unequal than it has been at any point since before the New Deal."

"We cannot continue on our nation's current path, where CEOs have complete freedom to negotiate lavish pay and retirement packages for themselves while workers have no leverage to make their own lives better," Miller said.

Workers who have been fired, threatened and harassed trying to form unions testified about the importance of the Employee Free Choice Act at a Feb. 8 hearing before the House Subcommittee on Health, Employment, Labor and Pensions.

Witnesses included CWA Local 2204 member Teresa Joyce, who talked about the difference it made when union-friendly Cingular took over anti-union AT&T Wireless. Unhappy with low wages and unfair treatment by supervisors, the then-AT&T Wireless workers in Virginia began trying to form a union through CWA.

"Once word reached management that we were trying to organize, they did everything they could to stop us," Joyce said. "Supervisors constantly threatened that AT&T Wireless would leave town and we would lose our jobs. They also claimed that if we did succeed, our union dues would be so enormous we may actually need two jobs."

Joyce described other flagrant acts of intimidation and disrespect, from supervisors tearing down union flyers in the workers' break room to relentless harassment of union supporters. Months into their struggle, workers learned that Cingular was purchasing the company and that it would remain neutral if employees wanted to organize.

"It was a relief to know that we could finally speak openly about the union without the fear of employer retaliation," she said. "In 2005, a majority of us voted for the union by signing authorization cards and on Sept. 6, 2005, we were officially recognized as CWA members. Management even helped us arrange a cookout at the call center to celebrate."

Similar to what happens now at Cingular, the Employee Free Choice Act would allow workers nationwide to organize when a majority signs cards indicating they want union representation. The bill calls for first contract arbitration so that employers can't use the stalling tactics they get away with today to prevent workers from ever getting a contract. Employers could be fined up to $20,000 per violation. The U.S. Chamber of Commerce, the National Association of Manufacturers and other business groups are aggressively opposing the bill and Vice President Dick Cheney vowed recently that President Bush would veto it if Congress passes it.

Cheney made his comments in a speech before the virulently anti-union National Association of Manufacturers. He claimed the administration is concerned about protecting the rights of workers by maintaining secret ballot elections in representation drives — a system NAM, its members and other businesses have illegally thwarted for decades.

"Dick Cheney concerned about the rights of workers — that's too funny," CWA President Larry Cohen said. "Let's be clear: The only thing this administration is concerned about is making sure that its big business friends can continue to threaten, intimidate and illegally fire union supporters with impunity."

In addition to King, the Republican House members who have signed onto the bill are Chris Shays of Connecticut, Steve LaTourette of Ohio, John McHugh and Vito Fossella of New York and Chris Smith and Frank LoBiondo of New Jersey.