What Would an Obama Victory Mean for Florida Employers?
Recent poll numbers showing Barack Obama with a substantial lead over John McCain have got me thinking about what an Obama victory would mean for Florida employers.
The Employee Free Choice Act, which Obama touts in this campaign speech,
could have a major impact on Florida employers if enacted into law. Currently most Florida employers in the private sector are union-free, in large part because Florida is a right-to-work state. In particular, Article I, Section 6 of the Florida Constitution provides in part that "[t]he right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization."
The EFCA would not change Florida's status as a right-to-work state. But it would jump-start the growth of unions by amending the National Labor Relations Act to eliminate an employer's right to demand a secret ballot election in cases in which a majority of employees have signed union authorization cards and there is no evidence of illegal coercion. Under the EFCA, a secret ballot election would be held only if more than 30%, but less than a majority of employees sign union authorization cards. The bill provides that "[i]f the National Labor Relations Boad finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative...." (emphasis supplied).
Not surprisingly, the AFL-CIO supports the EFCA and summarizes the bill favorably on its web site. But the Heritage Foundation argues that under the EFCA, "[w]orkers would never have the option of voting against union membership, and millions of workers could be forced into a union without ever getting the chance to vote on the matter."
Another law that may be amended to be more employee-friendly under an Obama administration (if not sooner) is the Americans with Disabilities Act. The Connecticut Employment Law Blog reports on proposed amendments to the ADA here.
Stay tuned for further developments.
