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I just wanted to take a moment and personally thank you for lending us your expertise and hard work in helping [Company Name Withheld] remain Union-Free. You were instrumental in helping me stop the Teamsters, who had been previously batting 1000 against [Company Name]; winning several elections against this past year. With a resounding 50% margin of victory, I believe we sent them a clear message that we intend to remain union-free.
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I learned a lot from watching the video. My Executive Team truly enjoyed watching the video and we will definitely look to your company for guidance and training materials in the future.
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Arbitration: A Cautionary Tale

While much has been written about EFCA’s secret ballot provision, less ink has been spilled about the interest arbitration provisions. Arguably, this could be what really dooms businesses — the idea that government arbitrators with no experience whatsoever in your business are now going to decide your wages, health care costs, etc. should be unsettling to any business, large or small. The reality, however, is that this is exactly what EFCA would demand.

So, the recent news from Canada should offer a cautionary tale. Wal-Mart was involved in a long labor dispute with UFCW over representation of a handful of employees that worked specifically in a Wal-Mart tire and lube shop. Wal-Mart lost the case and the Court decided to impose a 33 percent wage increase for the workers. The end result: the workers have now lost their jobs.

Some might blame Wal-Mart, but they are not the villain here. As the Wal-Mart spokesman correctly points out, the company was left with unattractive options — raise their prices by 30 percent or keep open a store unit that was not turning a profit. Any rational business owner would make the same decision that Wal-Mart did.

Of course, we somehow doubt that UFCW told the unfortunate workers involved in this mess that this could be the end result of joining the union.

This story offers a cautionary tale — the people in the best place to make important HR decisions are first and foremost the owners of the company. To a lesser extent, the union involved can offer feedback too (some of this can be constructive, some of it isn’t). But the government is the last body that should be dictating to private businesses the exact wages, benefits, etc. of workers. If EFCA is passed, we will see a lot more situations like this Wal-Mart — businesses left with no good options. Don’t be surprised if many businesses decide to throw in the towel when faced with such untenable choices. The people hurt the most will, of course, be the workers that unions are supposed to help.

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