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Argument: EFCA allows employers or employees to seek negotiation mediation

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"US: Support the Employee Free Choice Act". Human Rights Watch. 27 Feb. 2007 - Facilitating Initial Collective Bargaining Agreements Human Rights Watch has found that workers’ right to bargain collectively is often thwarted by employers who engage in “surface bargaining”—negotiating with no intention of ever reaching an agreement. Under current law, even if such illegal bad-faith bargaining can be proven, the remedy is simply more bargaining, where the cycle can repeat itself. For example, we documented a case in which collective bargaining lasted for twelve years, at which point, frustrated and dwindling in numbers, the union surrendered its bargaining rights still without an agreement. One bargaining representative commented, "At this rate, the company would still have deal-killers on the table twenty-five years from now."

The Employee Free Choice Act would help prevent such violations of workers’ right to bargain collectively by allowing workers negotiating their first collective contract to seek mediation after ninety days. If mediation were unsuccessful after thirty days, the dispute would be referred to arbitration, leading to a binding contract. (The parties could mutually agree to extend the initial bargaining and subsequent mediation periods.) This proposal would close loopholes in existing legislation, facilitating the good-faith bargaining relationship intended, but rarely realized in practice, under current US law.

Deborah Godwin. "Free Choice Act gives power to workers". Special to The Commercial Appeal. 28 Oct. 2008 - It would provide that when an employer and newly formed union are unable to bargain a first contact within 90 days, either can request mediation by the Federal Mediation and Conciliation Service. If no agreement is reached after 30 days of mediation, either party may refer the dispute to binding arbitration. This change eliminates current incentives for employers to delay and stall negotiations.

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