February 4, 2009

Hon. Charles Schumer

United States Senate

Hart Senate Office Building

Suite 313

Washington, D.C.  20510

Dear Senator Schumer:

The Retail Council of New York State, representing thousands of retailers of all size and variety in all parts of the state, writes today to express our opposition to the “Employee Free Choice Act” (EFCA) that is under consideration in the 111th Congress. This legislation, if enacted, could have a devastating affect on the vitality and prosperity of the retail industry in New York and throughout the nation. 

The Employee Free Choice Act would put enormous fiscal and workforce pressures on an industry that is already struggling to operate in this extremely difficult economic climate.  By eliminating the current practice of allowing employees to vote for or against union representation via a private ballot, inordinate and public pressures to join a union could be brought to bear on retail workers without a full awareness of the implications that action may have on their jobs or employer.  Equally troubling is the bill’s provision that would call for a federal arbitrator to determine and set wage rates for a two-year period if an employer and union representative cannot agree expeditiously on the terms of employee contracts.  The harmful affect that this binding arbitration provision would have on the retail industry – one that relies on flexible work schedules in order to respond to a rapidly changing marketplace – is real and significant.

We are fully aware that this legislation is a top priority for many labor organizations, and while we strongly disagree with aspects of this policy, our viewpoint is not in any way anti-union.  Our concerns are rooted in the provisions of the proposed legislation which would needlessly overturn the existing, workable, and fair process by which unions are now organized in the private sector. 

Sincerely,

James Sherin
President & CEO
Retail Council of New York State