SPONSOR:   

Rep. Hudson & Rep. Cathcart & Rep. D. Short & Rep. Hocker & Rep. Lavelle & Rep. Ramone

 

               

 

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

 

HOUSE RESOLUTION NO. 19

 

 

URGING CONGRESS TO DEFEAT THE EMPLOYEE FREE CHOICE ACT.

 

 

WHEREAS, the right of employees under the National Labor Relations Act to choose whether to be represented by a labor organization by way of secret ballot election conducted by the National Labor Relations Board is among the most important protections afforded under the federal labor law; and

WHEREAS, the right of employees to choose by secret ballot their union representative is the only method that ensures a choice free of coercion and intimidation; and

WHEREAS, the recognition of a labor organization by private agreement, rather than secret ballot election overseen by the National Labor Relations Board, threatens the freedom of employees to choose whether to be represented by a labor organization, and severely limits the ability of the National Labor Relations Board to ensure the protection of workers; and

WHEREAS, the Employee Free Choice Act, if it becomes law, would eliminate the rights of employees to vote to recognize a union by secret ballot, and replace it with the card check process, where employees are forced to make their choice in front of union supporters; and

WHEREAS, the Employee Free Choice Act would increase potential penalties against employers but not on labor organizations for certain violations of the National Labor Relations Act, and employers would be subject to paying triple back pay, and civil penalties of up to $20,000 per violation; and

WHEREAS, the United States House of Representatives passed the Employee Free Choice Act and the legislation is now pending before the United States Senate;

NOW, THEREFORE:

BE IT RESOLVED by the House of Representatives of the 145th General Assembly of the State of Delaware that the members urge the United States Senate to defeat the Employee Free Choice Act, which would destroy a system established more than 70 years ago with the enactment of the National Labor Relations Act, a system that protects the interests of both the employee and employer by ensuring that both sides have an opportunity to make their case, and by which employees are able to express their decisions in private, free from coercion and intimidation.

BE IT FURTHER RESOLVED that a suitably prepared copy of this resolution be sent to each member of Delaware’s Congressional Delegation upon its passage.

SYNOPSIS

This resolution urges Congress not to pass the Employee Free Choice Act, which would destroy a system established more than 70 years ago that ensures employees have the right to a secret ballot election, free from coercion and intimidation, when choosing whether or not to be represented by a union.