As I'm sure many people know, the Employee Free Choice Act has the majority of organized labor excited about what may happen in the November presidential election. On the other hand businesses, both large and small, are bracing themselves for the potential onslaught of forced unionism.
What few people realize is that the EFCA clearly spells out greater financial and legal implications for all businesses that commit an unfair labor practice. Here is a list of the penalties the new law will introduce:
1) Civil Penalties
Provides for civil fines of up to $20,000 per violation against employers
found to have willfully or repeatedly violated employees’ rights during an organizing
campaign or first contract drive.
2) New Back Pay Standard
Under the new legislation, an employer is required to pay three times back pay (also known as Treble Back Pay) when an employee is discharged or discriminated against during an organizing campaign or first contract drive to three times back pay.
3) Federal Court Injunctions Against Employers
The National Labor Relations Board must seek a federal court injunction against an employer whenever there is reasonable cause to believe:
- The Employer has discharged or discriminated against employees, threatened to discharge;
- Discriminated against employees or engaged in conduct that significantly interferes with employee rights during organizing or a first contract.
This new provision also allows the National Labor Relations Board to request the federal court to grant temporary restraining orders against Employers found to be in violation of the law.
