At this point, a company can either recognize the union OR require a "secret" ballot, which is a vote that is performed anonymously and requires a majority to pass. Most companies are against the unionization of their workers, especially in this day and age, and will generally opt for the secret ballot as opposed to recognizing the union after a majority have signed valid forms.
The Free Choice Act attempts to change the law so that employers do not have the option of requiring a secret ballot prior to a union being recognized, all that would be needed is a majority of workers to sign valid written forms stating that they would prefer a union. Proponents of this bill will tell you that a secret ballot is unfair because it allows employers to influence the results of the vote.
Personally, I think this is a complete crock of shit and sounds very similar to all of the homosexuals who are bitching and moaning about the prop 8 vote in California (hello people, it is an anonymous vote, how can it not be fair?!?) Also, do you honestly believe that the union supporters and representatives that have been bused in from union organizations (in an attempt to sway an impending vote) won't attempt to influence things to satisfy their own agendas?
My step-father has been in the corporate world for 35 years and he has told me stories of pro union workers keying peoples cars who have refused to sign union papers. So let me guess, if we placed this act into law and did away with the secret ballot, the union and their minions wouldn't go ape shit with their new found powers and attempt to influence workers at job sites all across America to join the cause? Remember, the union organizations collect dues from their employees, follow the money trail.
I am all for capitalism and I don't think there is any more fair a way to determine whether or not a union should be implemented into a work place than to have an anonymous vote. So what if Joe Schmoe corporate prick boss told you he would make you pay if you voted for the union, the vote is ANONYMOUS and no one will know if you did or not.
If there is shady stuff going on and somehow the employers are tampering with the election, of course there will be problems and any employer who does this should be be held accountable, however, to me, this isn't justification enough to implement a law that will make it ridiculously easy to implement a union anywhere the labor organizations please.
Why don't the unions concentrate on the enforcement of the current laws and the enforcement of fairness during any subsequent secret ballot elections that are taking place instead of attempting to force their hand on Americas corporations through the hope and change declarations of Obama!
I did a little digging into the politics behind this abomination of an act and discovered that Representative George Miller (D – California) is one of the leading proponents. Ironically, in 2008, Miller was the campaign manager for Henry Waxman (the ugly dude from California who looks like Mr. Bean), who was in a bitter race against Representative John Dingell (D – Michigan), the top Democrat on the panel for the last 28 years, for the chair of the House Energy and Commerce committee.
The chair was ultimately decided by a SECRET BALLOT VOTE in which Waxman was victorious by a count of 137-122. Additionally, in 2001, Miller wrote a letter to the Mexican government alongside 10 other Democrats encouraging the use of “secret ballot votes in all union recognition elections.” The letter went on to state “We feel that the secret ballot is absolutely necessary in order to ensure that workers are not intimidated into voting for a union they might not otherwise choose.”

Rep. Miller is now saying that this letter confused his intent and that their demand was for secret ballot votes only when “workers seek to replace one union with another.” Interestingly enough, this letter made no mention of this assertion and instead referred to “all union recognition elections.”
I’m sure this reversal of opinion has nothing to do with the unions who helped the Democrats secure a majority in congress.