Employee Free Choice Act

A recent advice memo from the Acting General Counsel for the National Labor Relations Board (NLRB) shows once again that the agency is stepping up the nature of the remedies it will go after when employers are accused of unfair labor practices.

In GC Memo 11-06 the General Counsel authorizes NLRB Regional Offices to seek

EFCA, as introduced in Congress in February 2009, includes sweeping changes to the rules for union organizing. (Please read our earlier blogs for further discussions on EFCA.)  The two most controversial original EFCA provisions are: (1) card-check recognition, which would allow unions to demand recognition rights based solely on union cards that they can pressure employees to sign through face-to-face interaction; and (2) mandatory binding arbitration to resolve impasse in first labor contract negotiations. The card-check provision has been especially controversial because it would result in unions obtaining bargaining rights without a secret ballot election. No doubt sensing that the general public favors secret-ballot elections, a number of moderate Democratic senators have begun to pull back support for card-check recognition as EFCA nears debate in the Senate.Continue Reading Employee Free Choice Act (EFCA) – Card-Check May Be Out; Arbitration and Election Rules Favoring Unions May Be In

The Employee Free Choice Act, or EFCA, was in the headlines again last week as it was introduced in Congress on March 10, 2009. The bill, introduced as H.R. 1409 and S. 560, is identical to last year’s bill.
Continue Reading Employee Free Choice Act Introduced in Congress; Potential Compromise Legislation Also Introduced

The chatter surrounding EFCA, or the Employee Free Choice Act, quieted down in mid-December, but EFCA is back in the news.

Yesterday, President Obama’s nominee for his administration’s Secretary of Labor, Hilda L. Solis, was confirmed by the Senate. Secretary Solis was a co-sponsor of the Employee Free Choice Act when she was serving as a congresswoman from California.
Continue Reading After a Short Lull, the Employee Free Choice Act Is Back in the News–As Is the Secret Ballot Protection Act

Of course, no one can be certain of the exact workplace effects of Tuesday’s Presidential election results. But, at least one major change in employment law is pretty certain – and it is a change that all employers, large and small, in all industries, should be planning for now.

President-Elect Obama has stated clearly his support for the proposed Employee Free Choice Act (EFCA). His election, together with additional Democratic seats picked up in the Senate and Congress, make the passage of EFCA in 2009 a very strong likelihood. That will mean the most dramatic change in labor law in this country in decades.

As a reminder, there are two significant provisions of the EFCA: First, unions will be able to demand bargaining rights based solely on cards that they can pressure employees to sign face-to-face. The protection of a secret-ballot election will be taken away. Second, if labor negotiations between a union and employer for a first contract reach impasse, an outside arbitrator will dictate the terms of that key first contract.Continue Reading Election Results – Immediate Workplace Issues