Does the Employee Free Choice Act take away so-called secret-ballot elections?
No. The Employee Free Choice Act puts the choice of how to form a union in the hands of workers. Currently, corporations have that choice. If one-third of workers want to have an NLRB election at their workplace, they can still ask the federal government to hold an election. “Elections” may sound like the most democratic approach, but the NLRB process is nothing like democratic elections in our society—presidential elections, for example—because one side has all the power. The employer controls the voters’ paychecks and livelihood, has unlimited access to speak against the union in the workplace while restricting pro-union speech and has the freedom to intimidate and coerce the voters. Does the Employee Free Choice Act silence companies or require that they remain neutral about the union? No. Companies are still free to express their opinion about the union as long as they do not threaten or intimidate workers. Will employees be pressured into signing union authorization cards? No. In
