Here we go again….Employee Free Choice Act (EFCA), Round Two. This time it’s called the Protecting the Right to Organize Act (PRO Act). It’s puzzling to me why we need this law. The current process is simple: a union swarms a company, launches a campaign, maligns the employer, gathers signatures, and garners enough support to hold an election. In the process, the employer has the right to tell “the other side of the story,” make their case, and try to persuade the employees to vote “NO.” Easy peasy. Unfortunately, the unions don’t think so. They believe that the abysmal rate of union membership in this country is directly attributable to “policy choices that have stripped workers of the power to join together and negotiate[.]” Uhhhh….last I checked, the policies that govern union organizing, elections, and collective bargaining have not moved for over two decades, except in labor’s favor. Maybe declining union membership has less to do with the process and more to do with the “product.”
Scott Allan, JD, is the founder of The Allan Labor Group and curator of Healthcarelaborlaw.com. He’s spent over 25 years representing healthcare employers in their labor relations activities. He has worked in the public and private sector, represented rural nursing homes, small town clinics, state healthcare facilities, standalone hospitals, multibillion-dollar healthcare systems, and everything in between. He also spent seven years on the “inside” working for unions.