As most HR practitioners understand, the U.S. is gearing is up for a potential passing of the Employee Free Choice Act (EFCA). For those that haven't heard the news, what exactly is the EFCA? The Employee Free Choice Act, introduced as recent legislation and favored by unions, has three major components:

A. Certification on the Basis of Majority Sign-Up
Allows union certification if a majority of the employee base signs authorization cards designating a particular union as its bargaining representative.

B. First Contract Mediation and Arbitration
When bargaining the first contract, if agreement cannot be reached in 90 days, either party can refer to the Federal Mediation and Conciliation Service (FMCS) for mediation. If after 30 days, the FMCS cannot bring parties to agreement, it will be referred to binding arbitration.

C. Stronger Penalties for Violations While Employees Attempt to Unionize
This section of the Act includes stringent civil penalties imposed on employers ($20,000 per violation), treble back pay to employees (three times back pay) and mandatory injunctions for both employers and unions.

What does this mean for employers and specifically Human Resource departments across this country? The first and most important section of the act will allow employees to sign up for a union by card recognition only, without the need to hold the secret ballot election. Due to the ease of obtaining card signatures, the chances of unionization in any employer, any size, and any industry are high!

10 "Union Vulnerability" Questions to Ask Yourself!

1. Review Past Employee Surveys. Have you taken any action on what's most concerning to your employee base? Has this been communicated properly?
2. Conduct a salary/wage review in your area. Are you paying competitively?
3. Are your supervisors "leaders" or "managers"? Do they coach direct reports or use authoritarian tactics? Is your employee treatment consistent at all times?
4. Is your work environment safe? Are your OSHA recordables trending in the right direction? Do employees recognize you place safety as a priority?
5. Analyze your turnover. Why are your employees leaving? Are they leaving for the same reasons time and time again? Are the same positions turning over?
6. Are the competitors in your industry unionized? Obtain a copy of union employer's benefit package and wage structure. Are you competitive with their offerings?
7. Have you ever experienced a union organizing campaign in your firm's history? What were the issues?
8. Are you aware of "salters"? Is your organization prepared to identify salters?
9. Are other businesses located near your business unionized? Which union locals?
10. Are you reaching your diverse employees? Do you offer translation services or bilingual interpreters that understand their needs?

Positive employee relations are ever-more important with the looming EFCA. Is your organization READY?