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The Employee Free Choice Act would have amended the National Labor Relations Act in three significant ways. That is: section 2 would have eliminated the need for an additional ballot to require an employer recognize a union, if a majority of workers have already signed cards expressing their wish to have a union
Supporters of card check argue that it makes it easier for workers to join unions. For example, in his remarks accompanying the introduction of the Employee Free Choice Act, Rep. George Miller (D-Calif.), former chairman of the U.S. House Committee on Education and Labor, described the limitations of the system of NLRB elections:
1.2 Employee Free Choice Act. 2 Constitutional amendments. ... 646 representation petitions were informally resolved through the card-check procedure." [3] ...
Under the proposed Employee Free Choice Act an employer challenging a card check election would be required to assert that employee signatures were gathered using illegal means, such as coercion. This would be a return to the NLRB's Joy Silk Doctrine , which was in effect from 1949 to 1966.
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Ayotte opposed passage of the Employee Free Choice Act ("Card Check"), which would have amended the National Labor Relations Act to allow employees to unionize whenever the National Labor Relations Board verified that 50% of the employees had signed authorization cards, therefore bypassing a secret ballot election. [116]
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The proposed Employee Free Choice Act, sponsored repeatedly by Hillary Clinton, Bernie Sanders and Democrat representatives, would require employers to bargain in 90 days or go to arbitration, if a simple majority of employees sign cards supporting the union. [276] It has been blocked by Republicans in Congress.