On Free Choice Act aims to restore workplace rights

Posted on April 20 at 3:50 p.m. ( Suggest removal )

Yvoncey at You can learn basic employee rights

The EFCA will in my opinion bring a long needed end to "At Will" employment
doctrine. Employers ability to fire for cause ,no cause,reason,no reason has
been a weapon used to hide all sorts of workplace discrimination. For example,
SuzyQ gets terminated for poor job performance. However, her job evaluations
were always excellent until she refused the manager's sexual advances.

Then began the "dirtying" of her personnel file and unsatisfactory evaluations
with vague reasons for poor ratings. Once terminated now the uphill battle to
prove discrimination, harassment or retaliation is on the employee. Since most
employees know little or nothing about basic employee rights they have no clue
how to navigate the process.

Even if she can afford legal counsel she hasn't done the things required to
help an attorney defend her workplace rights. Things like how to prove
discrimination, how to document inconsistent or disparate treatment, employer
violations of its own written policies and procedures handbook, etc.

I believe that elements of corporate America want to maintain an antiquated and
out dated system of employment to preserve the ability to discriminate against
certain groups and races. Here is the evidence to support that assertion. In
fiscal year 2007, 37.0% of all (EEOC) Equal Employment Opportunity Commission
complaints filed were race discrimination based. 30.1% were sex discrimination
based and national origin is 11.4%.

According to the language of the Free Choice Act, it will:

(1)give employees greater liberty to form unions and establish employment
contracts
(2)punish anti union employer retaliation and harassment
(3)compel employers to deal timely and honestly in negotiating contracts

Where there is no "At Will" employers will be compiled to honor the letter of
fair and equitable treatment if not the spirit. The Employee Free Choice Act by
design creates a true partnership between employer and employee.

I believe the Employee Free Choice Act will create a true power-sharing
environment by reason of collective bargaining agreements that amount to
employment contracts for most workers in all industries. In my opinion, the
EFCA would foster trust, accountability and respect from both sides.