Heritage Expert

Paul Kersey

All Publications by Paul Kersey
  • Backgrounder posted April 23, 2007 by James Sherk, Paul Kersey How the Employee Free Choice Act Takes Away Workers' Rights

    Revised and updated March 4, 2009 Does a ballot cast in private or a card signed in public better reveal a worker’s true preference about whether to join a union? A private vote is the obvious answer,… Read more

  • Executive Summary posted April 23, 2007 by James Sherk, Paul Kersey Executive Summary: How the Employee Free Choice Act Takes Away Workers' Rights

    Revised and updated March 4, 2009 Organized Labor has made the Employee Free Choice Act (EFCA) its top legislative priority. The act would replace the current system of secret-ballot organizing elections with card checks, in which workers publicly sign union cards to organize and join a union. It would… Read more

  • WebMemo posted March 5, 2007 by Paul Kersey, James Sherk Binding Arbitration: A Bad Deal for Workers

    Under the Employee Free Choice Act (EFCA, H.R. 800), if a union and management cannot agree to terms on the first contract after a union is recognized, either side could send the dispute into binding arbitration. This means that both workers and management must accept what is, at bottom, an arbitrator's educated guess at what… Read more

  • WebMemo posted March 5, 2007 by Paul Kersey, James Sherk Binding Arbitration for Unions Endangers Competitiveness andInnovation

    While it is widely known that the Employee Free Choice Act (EFCA, H.R. 800) would strip workers of their right to vote in private on joining a union, the bill contains an equally harmful provision that has attracted much less attention. EFCA would allow unions to send negotiations on their first contract with an employer… Read more

  • WebMemo posted March 1, 2007 by Paul Kersey, James Sherk Interest Arbitration: Risky for Unions and Employers

    A steady decline in union membership has led union organizers and sympathetic politicians to introduce "labor reform" legislation designed to make it easier for unions to gain representation rights over more workers without becoming more accountable to those workers. The main labor reform bill before Congress, the Employee Free Choice Act (H.R. 800), contains two… Read more

  • WebMemo posted December 21, 2004 by Paul Kersey Medical Leave Regulations Should Reflect Intent Behind FMLA

    The Family and Medical Leave Act of 1993 (FMLA) provides that covered workers are entitled to take up to 12 weeks of unpaid leave to care for newly born or adopted children, tend to ailing relatives, or recuperate from poor health or injuries. Following a worker's FMLA leave, his or her employer must restore… Read more

  • WebMemo posted December 3, 2004 by Paul Kersey After Overtime, Now What?

    One of the most important stories lost in the last-minute rush to pass a budget last month was what Congress did not do: In spite of constant pressure from organized labor, Congress did not overturn new overtime regulations that took effect last August. Various proposals to block the new rules, which cover the so-called white-collar… Read more

  • Executive Memorandum posted November 12, 2004 by Paul Kersey Congress Should Protect Secret-Ballot Union Representation Elections

    Unions exist to allow workers to present a united front to their employers and to protect the economic interests of the workers they represent. For this reason, labor law explicitly gives workers the right to support or not to support a union, prohibits "company unions," and insists that a union demonstrate it… Read more

  • Backgrounder posted August 16, 2004 by Paul Kersey Modernizing Overtime Regulations to Benefit Employers and Employees

    Much controversy surrounds the U.S. Department of Labor's decision to update regulations governing "white-collar" exemptions from the Fair Labor Standards Act (FLSA). Labor union officials have interpreted the new regulations as the end of overtime pay for millions of workers. In reality, however, relatively few workers are likely to lose overtime pay under… Read more

  • WebMemo posted July 14, 2004 by Paul Kersey Closer Examination, Fewer Changes: A Rebuttal of EPI's White CollarExemption Analysis

    Under the Fair Labor Standards Act, the Department of Labor (DOL) has the responsibility to set the rules that determine which workers qualify as executive, administrative, and professional employees who are exempted from the Act and its requirement of time-and-a-half overtime pay. On April 23, 2004, DOL issued a final regulation updating these definitions. The… Read more

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