Source: Charles B. Craver, Labor Law Journal, Vol. 60 no. 2, Summer 2009
The NLRA no longer protects the rights of employees who desire union representation. Despite the fact that the vast majority of workers would like some form of collective voice to counterbalance the economic power possessed by their corporate employers, most have been unable to achieve such representation. Employers have a substantial advantage over organizing unions due to both their economic power and the fact that they have unlimited means to communicate their anti-union messages to employees. Business success is attributable to three critical groups: (1) the shareholders who provide the investment capital; (2) the managers who direct the business; and (3) the employees who produce the goods and services. Over the past several decades, rank-and-file workers have become the junior partners in firm success, but the senior partners in firm failure.
Congress should seriously consider some form of EFCA that would level the playing field and guarantee employees the right to select bargaining representatives if they wish to have a collective voice.