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Historically, Texas has not been considered a pro-union state, however, with the recent presidential election, this could change. Many commentators believe that President Barack Obama will push to enact the Employee Free Choice Act (“Act”). The Act would amend the National Labor Relations Act to enable employees to more easily form labor organizations and to quickly negotiate initial collective bargaining agreements with employers.
If signed into law, the Act would require an employer to recognize a union if a majority of workers in a proposed bargaining unit indicated a desire for representation. Further, under the proposed law, if a newly formed union and an employer cannot agree on an initial collective bargaining contract within ninety days, either party could request mediation to help create a contract. If such mediation proved unsuccessful after thirty days, the parties would be required to submit to binding arbitration.
If the Act is passed, pro-union organizations may seek to boost union involvement in Texas by seeking out workers who desire to form unions and assisting those workers in fulfilling the necessary requirements. If new unions are created in Texas, the effects on the state’s workforce could be far-reaching and may potentially include higher wages and better benefits for lower-paid workers.
To speak with an employment law attorney regarding the Employee Free Choice Act or any other labor-related matter, contact the employment law attorneys at Clouse Dunn LLP at info@cdklawyers.com.
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