What Do Americans Think?
According to national polling, over 65 percent of Americans support the ERA’s key provisions.
Dues for Politics
Since 2010, union officials have spent over $1 billion in member dues on left-wing political advocacy — without employees’ permission.
What Does the ERA Accomplish?
1) Secret Ballot Elections
Guarantee that a majority of all employees have a right to a secret paper ballot election. Prevents pressuring an employer to deny a secret ballot election.
70% of all households were strongly/somewhat supportive.
76% of union households were strongly/somewhat supportive.
According to data from the National Labor Relations Board (NLRB), in 38% of all union recognitions in 2009, the latest year for which data is available, unions bypassed secret ballot elections and instead used card checks to unionize employees. Specifically, the NLRB reports that unions won 794 single-union representation elections. During that period, the NLRB recorded 485 notices of card check union recognition.
Currently, unions can bypass secret ballot elections by using paid labor organizers to persuade workers to sign “card check” agreements authorizing union representation. Following that, they can pressure companies to “voluntarily” accept a card check recognition of the union. Unions’ pressure tactics run from paid picketers to political fights to brand attacks and much more. Union front groups are common, as are bogus attacks by other community groups on the union’s payroll.
Unions’ overall modus operandi is to blackmail a business by escalating pressure tactics until it capitulates to the card check. The process is unregulated, and anecdotal evidence suggests that signed agreement cards are often obtained through deception, coercion, and intimidation of employees.
By requiring a federally supervised secret ballot election, unions and employers could not agree to deny employees the right to vote in private.
2) Political Protection
Require unions to receive opt-in permission from each member to use his or her union dues for purposes other than collective bargaining (e.g., political advocacy).
76% of all households were strongly/somewhat supportive.
76% of union households were strongly/somewhat supportive.
Exit polls from 2016 demonstrate that 43 percent of union households voted Republican, yet 86 percent percent of union political support went to Democratic candidates. There is a disconnect between the unions’ political agenda and their members’ personal ideology.
Currently, labor law allows unions to deduct money for supporting political advocacy from an employee’s paycheck without obtaining prior approval. In fact, since 2010, union officials have spent over $1 billion in member dues on left-wing political advocacy — without employees’ permission.
A union’s use of workers’ dues should be limited to collective bargaining or contract administration on behalf of the union members and represented workers. Workers who wish to fund a union’s political spending would be able to opt in annually for such contributions, instead of being forced to opt out.
3) Employee Privacy Protections
Limits the amount of employee personal information a union receives during an organizing drive.
79% of all households were strongly/somewhat supportive.
79% of union households were strongly/somewhat supportive.
In 1969 the National Labor Relations Board ruled that an employer must turn over employees’ personal contact information within seven days of ordering a union formation election. In some circumstances, employees have reported that labor union organizers have used the information to visit employees at their homes and pressure them to vote for the union.
There is currently no ability for employees to prevent their personal information from being disclosed to the National Labor Relations Board and to the union that seeks to represent them. The ERA limits the amount of employee personal information a union receives during an organizing drive. In addition, the bill makes it an unfair labor practice if the union uses employees’ personal information for any reason other than a representation proceeding.
4) Protections for Local Businesses
Give more Americans the opportunity to realize their dream of starting their own business.
65% of all households were strongly/somewhat supportive.
64% of union households were strongly/somewhat supportive.
Labor unions have attempted to eliminate the franchise model by asserting that businesses should be held liable for other businesses, even if those businesses are not under their direct control. This has created confusion for employers and employees alike, and threatened the franchise model – a popular pathway to small business ownership for so many Americans.
The ERA includes protections from the Save Local Business Act that codify the longstanding and common sense precedent that preserves the path to owning one’s own business for thousands of Americans. This provision provides clarity on the joint-employer standard by stating that businesses should not be held liable for other businesses that are not under their control.
5) Legal Clarity for Independent Workers
Gives workers the freedom to choose how and when they want to work—including in the gig economy. It provides much-needed legal clarity and harmonization by amending the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) with a predictable control and economic dependence test.
Millions of Americans enjoy the flexibility of being an independent contractor but unclear or ever-changing definitions of the term “employee” threaten to reclassify countless workers.
Differing federal and state statutes continue to change, leaving independent workers and employers confused about how they can carry out their business. The ERA creates consistency when it comes to defining employee and independent contractor status, providing much-needed clarity for both workers and employers.
6) Worker’s Choice
The ERA empowers workers in right-to-work states to opt out of union representation. They would be free to negotiate contracts, wages, and working conditions directly with their employer.
93 percent of private-sector workers who do not have a union contract are able to negotiate directly with their employer. The ERA extends that right to those who do not want to be represented by a union, even if one is present in their workplace.
Right now, a worker can choose not to pay dues to a labor union in their workplace, but they are still beholden to the union’s negotiations. The ERA would free unions from the burden of representing workers who do not want to be members, and allow those workers to deal directly with their employer.
7) Enfranchise Legal Workers
Makes sure that only individuals legally allowed to work in the United States are allowed to vote in unionization elections.
Ensures fairness and legitimacy of the election process.
Right now, there is no requirement verifying who can vote in union elections. The ERA requires that unions verify the citizenship or legal status of all employees who vote in a union election, ensuring they’re lawfully authorized to be employed.
8) Equal Representation for All Employees
Prohibits collective bargaining agreements from including any Diversity, Equity, and Inclusion (DEI) initiatives unless otherwise required by law.
Ensures union members receive equal representation in the workplace.
Keeps the focus of union bargaining on job-related topics, including salary and time-off policies, without creating potentially polarizing or divisive contract policies.
9) Freedom from Union Violence
Closes a loophole in federal law, eliminating the judicially created exemption for union-related violence and extortion.
Union members deserve the same protections afforded to non-union workers.
This would hold unions to the same legal standards as the rest of the country, recognizing that union-related violence is a federal crime with associated penalties.
Thank you to our supporters!
The following organizations have endorsed the Employee Rights Act:
