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Report Link Who Needs EFCA? - Expect Big Labor Law "Reforms" From the NLRB.Ogletree Deakins - November 03, 2009 For the past several years, the business community's attention has been focused almost exclusively on federal legislation inaccurately named the "Employee Free Choice Act" (EFCA). That legislation would radically overhaul labor-management relations by substituting "card check" (employees' signatures on union cards) in place of government-protected secret ballot union representation elections, and by compelling arbitration of first contracts written by federally-appointed arbitrators where the union and the employer fail to agree after 120 days of bargaining. EFCA also contains anti-employer penalties and fines of $20,000 per violation and triple back pay, as well as federal court injunctions. Report Link EFCA Update: Compromise, Delay and Uncertainity.Baker Hostetler LLP - September 24, 2009 For the past few months, Senate leadership has been managing expectations on the Employee Free Choice Act (EFCA), the bill backed by organized labor designed to make it easier to organize employees and negotiate first-time contracts. Senate leaders have been publicly bracing supporters of the bill to expect delay, given everything already on the Majority's agenda. Even union leaders have downplayed expectations noting formal consideration of the bill is a moving target. Given these statements and the recent focus on healthcare, most observers have speculated that consideration of EFCA will slide to 2010. Report Link Senate Democrats pull back on Specter's card-check prediction.Constangy, Brooks & Smith, LLP - September 23, 2009 Constangy partner Mel Haas is Vice Chairman of the U.S. Chamber of Commerce's Labor Relations Committee. We are forwarding to you yesterday's communication from the "The Hill" so that you may be informed of the latest from Capitol Hill. As always, Constangy will keep you informed immediately as news hits. If you have questions or concerns, feel free to contact any Constangy attorney. Report Link CONGRESS DROPS CONTROVERSIAL CARD CHECK PROVISION FROM “EMPLOYEE FREE CHOICE ACT”.Ballard Rosenberg Golper & Savitt - July 31, 2009 As the union-friendly Employee Free Choice Act (EFCA) (S. 560 and H.R. 1409) makes its way through Congress, one of the most controversial provisions of the legislation has been withdrawn. That's the good news for employers. Report Link It's Not Over Yet: What You Don't Know About the EFCA.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - July 29, 2009 After overwhelming opposition from businesses, other employers and a tremendous investment of resources by the U.S. Chamber of Commerce, supporters of the so-called "Card Check" bill have conceded defeat with respect to the most controversial provision of the Employee Free Choice Act (EFCA) and abandoned the idea of trying to convert the National Labor Relations Act's (NLRA) current secret ballot system to one where a simple majority of eligible employees' signing union cards would establish a union. It became apparent in late spring that certain moderate Democratic Senators would not vote in favor of the card-check provision, making it impossible for the EFCA's supporters to acquire the filibuster-proof 60 votes necessary to pass the bill in its current form. Report Link Employee Free Choice Act Compromise Gains Momentum.Elarbee, Thompson, Sapp & Wilson, LLP. - July 22, 2009 While healthcare reform, the economy, and the confirmation hearings for Supreme Court Nominee Sonia Sotomayor have dominated the news, labor unions, with a cadre of supporters in the U.S. Senate, have been quietly working on a compromise to steer labor's number one legislative agenda through the Senate. Report Link EFCA Update: Expedited Election to Replace "Card Check" as Senators Broker Labor Law Compromise.Jackson Lewis LLP - July 20, 2009 The Senate plans to drop the “card check” provision from the Employee Free Choice Act (“EFCA”), a bill that seeks to alter the landscape of American labor law by making it easier for unions to organize workers, according to late reports from Washington, D.C. Despite a seemingly “filibuster proof” Democratic Senate majority – 60 of the 100 Senate seats – a handful of Democratic senators announced recently that they would not support EFCA as initially proposed because the “card check” provision effectively eliminated workers’ rights to vote by secret ballot on unionization. At least one of the dissenting Democrats, Senator Arlen Specter, while still a Republican, also indicated dissatisfaction with the mandatory arbitration provisions of the proposed legislation. Report Link Healthcare: Preparing for the Impact of the Employee Free Choice Act (Link to recorded webinar).Baker Hostetler LLP - July 09, 2009 On Wednesday, July 8, 2009, Baker Hostetler's Healthcare Team presented the webinar, "Healthcare: Preparing for the Impact of the Employee Free Choice Act." With the passage of the Employee Free Choice Act (EFCA) a real possibility, what will the impact be on the Healthcare industry? What action can be taken to prepare before the Bill passes? Report Link What's Happening With the Employee Free Choice Act?Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - May 28, 2009 The intense lobbying over this controversial piece of legislation continues unabated. As currently drafted, the most contentious parts of the bill would amend the National Labor Relations Act to allow a union to become the certified bargaining agent for a group of employees upon a majority of those employees signing authorization for the union on cards or a petition. In addition, it would require an arbitrator to establish the terms of an initial collective bargaining agreement if the parties could not agree after 120 days of bargaining. Report Link Investor Letters Regarding EFCA.Constangy, Brooks & Smith, LLP - May 26, 2009 Constangy partner Randy Loftis is a member of the U.S. Chamber of Commerce's Labor Relations Committee. We are forwarding to you communication from the Chamber's Executive Director of Labor Law Policy so that you may be informed of the latest from Capitol Hill. As always, Constangy will keep you informed immediately as news hits. If you have questions or concerns, feel free to contact any Constangy attorney. Report Link WHAT'S UP WITH THE EMPLOYEE FREE CHOICE ACT? Reports of its Death Have Been Greatly ExaggeratedFord & Harrison LLP - May 07, 2009 With the election last November of a President and Congress more sympathetic to the interests of organized labor, union leaders looked to 2009 as the year they would finally secure passage of the controversial Employee Free Choice Act (EFCA). Congressional leaders from the House and Senate jointly introduced the proposed legislation in the current Congress in March 2009. Report Link A New Law Could Make Unionizing Your Employees Easy.Fredrikson & Byron, P.A. - April 20, 2009 The Employee Free Choice Act (EFCA)—recently referred to by some commentators as the Employee Forced Choice Act—is proposed national legislation that would overturn nearly 60 years of traditional labor law by amending the National Labor Relations Act, in several unprecedented and extremely significant ways. In a nutshell, companies that are not currently unionized will have a substantially increased possibility of becoming organized. Report Link EFCA Introduced In Congress.Ogletree Deakins - April 14, 2009 After much speculation, the Employee Free Choice Act of 2009 (EFCA) was introduced in the 111th Congress on March 10. The bills introduced in both the House of Representatives, H.R. 1409, and Senate, S. 560, are identical to last year's measure, which passed the House but stalled in the Senate due to a filibuster on the motion to debate the bill on the Senate Floor. This year's bills were introduced with fewer original cosponsors amid increasing concerns regarding the economic impact of "card check" and compulsory arbitration of first contracts. Report Link Specter Announces He Will Not Support Union-Backed "Card Check" Bill.Jackson Lewis LLP - March 25, 2009 Pennsylvania Senator Opposes EFCA’s Elimination of Secret Ballot in Union Representation Elections and Compulsory Arbitration of Collective Bargaining Contracts. Report Link Employee Free Choice Act in the 111th Congress: The Battle is Joined (pdf).Jones Walker - March 19, 2009 The grossly misnamed and highly controversial Employee Free Choice Act (“EFCA”) was introduced by Senators Ted
Kennedy (D-MA) and Tom Harkin (D-IA), and Representative George Miller (D-CA) in the 111th Congress on March
10, 2009 (H.R. 1409, S. 560). The legislative fight over EFCA is a battle royale between business and organized labor and
is a defining moment in the history of labor relations in the United States. The President of the U. S. Chamber of
Commerce, Tom Donahue, in a major address in Washington last week, called this legislation “Armageddon” and a
“game changer.” EFCA is clearly the most ambitious and transformative piece of labor legislation to come before
Congress since the 1935 enactment of the National Labor Relations Act (“NLRA”) and would radically alter the balance
of power between management and labor. Report Link IS THERE A UNION IN YOUR FUTURE? CONGRESS INTRODUCES EMPLOYEE FREE CHOICE ACT.Ballard Rosenberg Golper & Savitt - March 13, 2009 Yesterday, both houses of the United States Congress introduced identical versions of the Employee Free Choice Act (EFCA) legislation (S. 560 and H.R. 1409). This legislation is designed to make it dramatically easier for a union to organize your employees. Report Link The Battle is Joined: The Employee Free Choice Act Re-Introduced in the 111th Congress.Littler Mendelson, P.C. - March 12, 2009 On March 10, 2009, Senators Tom Harkin (D-IA) and Ted Kennedy (D-MA) and Representative George Miller (D-CA) formally introduced the Employee Free Choice Act (EFCA) in the 111th Congress (H.R. 1409, S. 560). There were 40 Senate co-sponsors and 223 House co-sponsors for the companion bills. Referring to the current economic crisis, Senator Kennedy said, "The Employee Free Choice Act will give these hardworking men and women a greater voice in the decisions that affect their families and their futures. Report Link Employee Free Choice Act Introduced In Congress: What Employers Can DoGray Plant Mooty - March 12, 2009 The union-backed and much-talked-about Employee Free Choice Act (EFCA) was introduced in Congress yesterday, March 10, 2009. The legislative fight over the EFCA will begin soon, although it may be delayed by some cloture-related issues, such as the seating of a second Minnesota Senator. In the meantime, employers should ensure that they are familiar with the requirements and ramifications of the new law, that they contact their representatives in Congress to express their views, and that they begin taking lawful steps to prevent unionization, which steps will help regardless of whether the EFCA becomes law. Report Link Employee Free Choice Act Re-introduced to Congress Today.Elarbee, Thompson, Sapp & Wilson, LLP. - March 11, 2009 After months of speculation regarding when the Congressional debate over the Employee Free Choice Act (EFCA) would begin, this controversial legislation was re-introduced today in both the United States Senate (S. 560) and the House of Representatives (H. 1409). As reported in previous updates and E-lerts, EFCA would eliminate secret ballot union elections, dramatically change the process by which a first collective bargaining agreement is negotiated, and significantly increase the penalties employers face for unfair labor practices without imposing stiffer sanctions for labor unions. Report Link One Step Closer to The Employee Free Choice Act.Fisher & Phillips, LLP - March 11, 2009 The Employee Free Choice Act was introduced in both houses of Congress today. The bill would allow labor unions to bypass secret ballot representation elections that have been in place for 75 years in favor of a streamlined process known as "card check." It also contains binding arbitration provisions that would allow an outside arbitrator to dictate the terms of a first contract in the event that the parties cannot reach agreement within the first four months of negotiations, and it would impose substantially increased penalties against employers who commit unfair labor practices. Report Link Big Labor's Assault on Workplace Democracy Begins.Ford & Harrison LLP - March 11, 2009 Big Labor cashed in on its support of union-friendly candidates last fall when the perversely named Employee Free Choice Act (EFCA) was introduced in the House and Senate yesterday. Labor leaders hope EFCA will be the "magic formula" that helps reestablish the power of big labor unions, which have lost thousands upon thousands of members in recent years. To view the text of the legislation as it was introduced in the House, please click here. Report Link Employee Free Choice Act Introduced in Congress.Baker Hostetler LLP - March 11, 2009 On Tuesday, March 10, the controversial Employee Free Choice Act (“EFCA”) was introduced in both the U.S. Senate and House of Representatives. The bill (H.R. 1409, S. 560), which is sponsored by House Education and Labor Committee Chair Rep. George Miller (D-California) and Senator Tom Harkin (D-Iowa), would amend federal labor laws in several critical areas, significantly impacting how employers address union organizing activity. Report Link The Battle Begins — EFCA Introduced in Congress.Buchanan Ingersoll & Rooney PC - March 11, 2009 Representatives of organized labor and management have been vigorously lining up support for and against the proposed Employee Free Choice Act (EFCA), which will radically change labor law in the United States. Yesterday, supporters of this controversial bill introduced it in Congress. EFCA promises to be at the center of political debate over the next several months, and many are reporting that passage will depend on a small umber of senators who remain undecided, including Sen. Arlen Specter (R-Pa.). This advisory highlights the key provisions of EFCA and identifies things employers should be doing now to prepare for it. Report Link "Employee Free Choice Act" Re-introduced in Congress.Jackson Lewis LLP - March 11, 2009 Union-Backed Bill to Spur Organizing Greeted with Significant Congressional and White House Support. Report Link Employee Free Choice Act Inching Closer to Becoming Law.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - March 10, 2009 President Obama this week assured the leadership of the AFL-CIO that the Employee Free Choice Act (EFCA) will be enacted. The new United States Secretary of Labor, Hilda Solis, a former union member, vowed to "fully implement" the EFCA if it becomes law. An AFL-CIO Executive Council member has predicted that the Act will pass in the next four or five months. Report Link EFCA Introduced in Congress.Ogletree Deakins - March 10, 2009 After much speculation, the Employee Free Choice Act of 2009 (EFCA) was introduced on March 10 in the 111th Congress. The new bills introduced in both the House of Representatives and Senate are identical to last year’s bill, which passed the House but was stalled in the Senate by a filibuster on the motion to debate the bill on the Senate Floor. Report Link EFCA Rumors.Constangy, Brooks & Smith, LLP - March 09, 2009 Constangy partner Mel Haas is a member of the U.S. Chamber of Commerce's Labor Relations Committee. We are forwarding to you last night's communication from the Chamber's Executive Director of Labor Law Policy so that you may be informed of the latest from Capitol Hill. As always, Constangy will keep you informed immediately as news hits. If you have questions or concerns, feel free to contact any Constangy attorney. Report Link Employee Free Choice Act: New Poll Reveals Lack of Understanding.Vedder Price - February 20, 2009 Despite millions of dollars already spent on both sides of the issue, three-quarters of Americans are completely in the dark over the Employee Free Choice Act (EFCA), a law touted by labor unions and political supporters as a way to increase unionization and improve the lives of middle-class America. And American workers are sharply divided over its merits, according to the latest national poll by the Employment Law Alliance (ELA). Report Link New Employment Laws to Worry About: It's Not Just About Card Check Anymore.Fisher & Phillips, LLP - February 04, 2009 Employers are rightfully concerned and even alarmed about what to expect from the new Congress and the Obama Administration. Democrats are firmly in control and owe much to organized labor and other constituencies that are not necessarily employer-friendly. So, what can healthcare expect in the new year and beyond? Report Link The Employee Free Choice Act - A Post-Inauguration Update (pdf).Vedder Price - January 28, 2009 Much has been written recently
about the Employee Free
Choice Act (“EFCA”). Indeed, if
passed, it would be the most
signifi cant change in labor
relations law in decades. The
advent of the Obama
administration and a clear
Democratic majority in both
houses of Congress have many
employers focusing on changes
that the new year will potentially
bring. With the economic
recession and the apparent
lack of a fi libuster-proof
Democratic majority in the
Senate, there is discussion that
there will have to be
compromises for EFCA to pass
both houses of Congress. But
organized labor is still pushing
Congress and the new
Administration to pass the bill
unchanged, either as part of a
broader economic bill, or later
in 2009, after other priorities
work through Congress. Report Link Eliminating an Employee's Chance to Cast a Secret Ballot: The Right to Privacy and NLRB Elections.Jackson Lewis LLP - January 28, 2009 President-elect Barack H. Obama's historic journey to the White House and the Democratic Party's increased control of Congress has revitalized the hopes and dreams of organized labor of reversing the slow decline of unionization in the United States. Since the 1980s, unionization in the private-sector workforce has dropped by nearly 20%. Indeed, only 7.5% of today's private-sector workers are unionized. Report Link A FREE COUNTRY?Shaw Valenza LLP - January 19, 2009 The inauguration of President-elect Barack Obama is just a few days away. Congress will assemble with solid Democratic majorities in each house. The new administration doubtless will breathe new life into bills that have languished in Congress during the past eight years. Report Link Employee Free Choice Act Legislation Pending Before Congress.Phelps Dunbar LLP - January 12, 2009 The healthcare field is particularly vulnerable to unionization because the work performed by healthcare employees cannot be sent offshore, unlike more traditional constituencies, such as manufacturing jobs. The political winds of change are blowing and major changes regarding how employees select union representation are coming and employers need to be planning for these changes now. Report Link Unions Claim Credit for Obama Win – and Expect Big Payback.Constangy, Brooks & Smith, LLP - December 17, 2008 Immediately after the victory of labor-backed Senator Barack Obama, both the AFL-CIO and Change To Win federations praised the win as the beginning of a new era in workers’ rights. AFL-CIO President John Sweeney called the Obama victory in the presidential race and the Democratic majorities in the House and Senate a working families’ mandate for “broad-based economic change.” Report Link "Change Will Happen" - The Future of Workplace Law under President-Elect Barack Obama.Jackson Lewis LLP - December 11, 2008 As President-elect Barack Obama selects members of his Cabinet and prepares for his transition into the Presidency, he and a sweeping Democratic majority in both the House and the Senate will be pursuing a number of significant pieces of federal workplace legislation. Many of these employment law measures successfully passed the House of Representatives in 2007 and again in 2008, only to be blocked in the Senate. Moreover, appointments by President-elect Obama to the Supreme Court, the federal judicial bench, and administrative agencies such as the Equal Employment Opportunity Commission are likely to impact dramatically the cost of resolution of employment disputes. Report Link 2008 Elections Cause Concern Among Employers.Ogletree Deakins - December 04, 2008 In a historic and hard-fought election, Senator Barack Obama was elected the 44th President of the United States earlier this month. President-elect Obama will be the first African-American president in the country's history. Report Link The EFCA Problem For Retailers.Fisher & Phillips, LLP - December 03, 2008 Gallons of ink have been spilled by lawyers and journalists concerning the Employee Free Choice Act (EFCA). But this law is likely to have a particular effect on retailers, and retailers – more so than other employers – should start planning for the worst now. Report Link The Likely Rise Of Unionization In The New Political Environment.Barker Olmsted & Barnier - December 03, 2008 The idea of revamping the National Labor Relations Act in favor of unions has been floating around for some time now, but legislation has stalled. No more. At the dawn of a new political regime, employers are bracing for monumental change. Report Link Employee Free Choice Act: What It Means and Why Non-unionized Employers Should Care.Fredrikson & Byron, P.A. - November 26, 2008 The Employee Free Choice Act (EFCA) is proposed national legislation that would overturn nearly 60 years of labor law by amending the National Labor Relations Act (Act) in several unprecedented ways.
The U.S. House of Representatives passed the EFCA last March by a significant margin (241-185). While 51 Senators supported the bill, it stalled in the Senate because of a threatened filibuster. Most commentators expect that it will ultimately pass the new Senate and be signed by President Obama in some form. Report Link The EFCA, Organized Labor's Legislative Agenda and Its Impact on Your Business.Fisher & Phillips, LLP - November 25, 2008 Organized labor's membership in the private sector has plummeted below 8 % – an all time low. To address this problem, unions have turned to an aggressive legislative agenda designed to tilt the scales in their favor. Among the items on their priority list are the Employee Free Choice Act (EFCA) and the Re-Employment of Skilled and Professional Employees and Construction Tradeworkers Act (RESPECT Act). Report Link Employee Free Choice Act -- Overview and Preparation (pdf).Jones Walker - November 25, 2008 The recently concluded Presidential and Congressional elections have organized labor
salivating over the likely passage of the so-called and grossly misnamed Employee Free
Choice Act (“EFCA”). EFCA, which actually would eliminate “employee free choice”
concerning unionization, is at the very top of organized labor’s very aggressive legislative
agenda and enjoys the strong support of President-elect Barack Obama. You cannot
underestimate how dramatically the enactment of this misguided and ham-handed legislation
could change your workplace and jeopardize your business and the livelihoods of
your employees. The proposed law is nothing short of a power grab by unions. At this
point, EFCA is still only proposed legislation, and no one knows exactly what form it
will take upon final passage. One thing is certain, however: with strong Democrat majorities
in both the House and Senate, and a President who is eager to sign the legislation,
EFCA is certain to become law in some form, and employers need to begin preparing
for it now. Report Link Major Changes to the Labor Law Are On Their Way - All Employers (Union and Non-Union) Need to Be Ready Gray Plant Mooty - November 18, 2008 The Employee Free Choice Act (EFCA), also known as the “Card Check bill” and discussed in the media in terms of its effect on worker secret ballots, has been the number one legislative priority of unions in this election year. The bill focuses on making it easier to remove “obstacles” to union organizing, such as an employer’s right to insist on a secret ballot election. Many Democrats in Congress and President-Elect Obama have expressed support for the EFCA, so it is considered very likely that it will become law early in 2009. If it does, it will be the most significant change to the federal labor law in 40 years or more. Both union and non-union employers need to be prepared for the likely enactment of this law, which will make it much easier for a workplace to become “unionized” and is likely to lead to a tremendous increase in union organizing activity. Report Link EFCA Would Materially Change U.S. Labor Laws.Buchanan Ingersoll & Rooney PC - November 17, 2008 The proposed Employee Free Choice Act (EFCA) is the most significant workplace reform legislation pending before Congress. If passed, it would materially change federal labor law. First, it would all but eliminate secret ballot elections by allowing unions to obtain representative status through presentation of authorization cards signed by a majority of employees. Second, it would essentially take from the employer and union the right to bargain the terms of their initial collective bargaining agreements by requiring a government-appointed arbitrator to set binding terms for two years if the parties cannot agree after 120 days of bargaining. Third, the EFCA would make much more strict the penalties for employer (but not union) labor law violations during organizing campaigns and first contract negotiations. Report Link Obama Presidential Election Victory Could Lead To Dramatic Increase in Unionization of Employers in the U.S.Littler Mendelson, P.C. - November 06, 2008 The historic election of Senator Barack Obama as the next President of the United States, coupled with the Democratic Party increasing its majority in the U.S. Senate and increasing its majority in the U.S. House of Representatives, greatly increases the chances of passage of legislation making it much easier for unions to organize employers in the U.S. Report Link Is The Sky Falling for Union-Free Employers?Elarbee, Thompson, Sapp & Wilson, LLP. - November 05, 2008 After Barack Obama's historic win in yesterday's election, union-free employers will now confront the equally historic impact of the Employee Free Choice Act (EFCA). The EFCA allows union representation of employees without an election if a majority of employees sign union cards, while eliminating an employer's six week campaign to convince employees they should vote "no" to unionization in a secret ballot election. Report Link Union Representation Without An Election? A Reality That Could Be Closer Than You Think.Baker Hostetler LLP - October 31, 2008 Democrats in Congress have promised to pass the Employee Free Choice Act (EFCA) and, if elected, Senator Obama has promised to sign it. EFCA will amend the National Labor Relations Act (NLRA) to take away employees' rights to secret ballot elections and allow union recognition by card checks only. EFCA will also require binding arbitration of first contracts after 120 days so that an arbitrator (not the employer) will set wages and benefits for the first two years of the relationship. Finally, EFCA stiffens penalties for employers who misstep during an organizing drive or a first contract negotiation. Report Link Key Proposed Federal Legislation Pending – The Employee Free Choice Act.Phelps Dunbar LLP - October 28, 2008 On March 1, 2007, the House passed H.R. 800. The comparable Senate Bill S.1041 was withdrawn after a motion to invoke closure failed. Among other things, the bill provides that the NLRB will certify a union that files a petition supported by authorization cards signed by a majority of employees in an appropriate bargaining unit rather than directing an election. Under current law, an employer may refuse to recognize a union in the face of such proof of majority status and force the union to file a petition for an NRLB conducted secret ballot election. Report Link "EFCA”: The Time for Awareness and Prevention Is Now (pdf).Jackson Lewis LLP - October 22, 2008 Can you correctly answer the following multiple choice question? Report Link Mandatory First Contract Interest Arbitration.Jackson Lewis LLP - October 07, 2008 The Employee Free Choice Act (“EFCA”) may become law in 2009 in the United States if Barack Obama is elected President and if a few more lawmakers are convinced to support the law. In 2007, EFCA was passed by the House of Representatives only to fail to overcome a filibuster in the Senate. However, the promise of a veto by President George W. Bush made enactment in 2007 only a slim possibility. Report Link The EFCA: Organized Labor's Legislative Agenda and Its Impact on Your Business.Fisher & Phillips, LLP - September 22, 2008 Organized labor's density in the private sector has plummeted below 8% – an all time low. To address this problem, unions are increasingly turning to an aggressive legislative agenda designed to tilt the scales in their favor. Among those items at the top of their priority list are the Employee Free Choice Act (EFCA) and the Re-Employment of Skilled and Professional Employees and Construction Tradeworkers Act (the RESPECT). Report Link The Employee Free Choice Act - Changing Union Organizing As We Know It.Vedder Price - September 09, 2008 Congress is contemplating the
fi rst signifi cant revision to the
National Labor Relations Act in
over 70 years. Dubbed the
Employee Free Choice Act
(“EFCA”), this proposed
legislation threatens to curtail
two fundamental rights of
American employees and
employers: (i) the right to
accept or reject union
representation through a secret
ballot election and (ii) the right
to freely negotiate a collective
bargaining agreement. Unions
are counting on EFCA to
invigorate union organizing
efforts nationwide, which have
been languishing for decades. Report Link The Employee Free Choice Act: A Critical Analysis (pdf).Littler Mendelson, P.C. - August 28, 2008 The Employee Free Choice Act of 2007 (EFCA) is likely to be re-introduced in Congress in some form in the next session. If enacted, the EFCA would result in the most sweeping changes to the National Labor Relations Act (NLRA) since the original Wagner Act was passed in 1935. Organized labor has made passage of the EFCA one of its top priorities, and the election of a Democratic majority in the House and Senate, and of presumptive Democratic Presidential Nominee, Senator Barack Obama, one of the co-sponsors of the EFCA in the Senate, would virtually guarantee passage of the EFCA in some form. Report Link Employee Free Choice Act: Ready Or Not?Ford & Harrison LLP - August 18, 2008 Employers are encouraged to monitor the status of the Employee Free Choice Act (EFCA), which is a proposed amendment to the federal labor law that governs employer-union relations at employers other than airlines and railroads. EFCA would eliminate secret ballot elections as the way for employees to decide whether to have union representation; this would be replaced with a "card check" procedure that would result in certification of the union if a majority of employees in an appropriate work group simply sign union cards. This would make it much easier for a union to become the collective bargaining representative of a group of employees at a company. In addition, EFCA would change significantly the process for negotiating a first contract. Changes would include mandatory government-run arbitration to establish the terms and conditions of employment in the initial contract if the parties cannot reach agreement during direct and mediated negotiations. Report Link The Return of Labor.Fisher & Phillips, LLP - August 04, 2008 The election looms. No one can say with certainty what the results will be. The political scene may shift dramatically in a few months. But organized labor is as excited as a child on Christmas Eve. Conventional wisdom feeds this optimism. Report Link Employee Free Choice Act Tops Presidential Hopeful's Agenda.Jackson Lewis LLP - July 09, 2008 Senator Barack Obama has given new impetus to a bill that would change the nation's labor law to a degree unknown since 1947. Although no action has been taken on the Employee Free Choice Act ("EFCA") since its passage by the United States House of Representatives in March of last year, the presumptive Democratic presidential nominee has revitalized interest in the labor-backed measure by placing it high on his political agenda and announcing support for it recently at a major union convention. Key components of the legislation, changes the bill would make to current law if enacted, and possible issues the National Labor Relations Board (the "Board") and the courts would face have been described on this site previously and are summarized here for our readers' convenience. Report Link Cute Titles for Bad Laws: A look at union-sponsored federal legislation.Fisher & Phillips, LLP - May 05, 2008 Most of our readers have heard of the "Employee Free Choice Act" (EFCA). The bill passed the U.S. House of Representatives, but was subject to a Republican Party filibuster in the Senate. This union and Democratic Party-sponsored legislation would eliminate secret ballot elections regarding union representation in a workplace, and instead make such representation automatic and mandatory if more than 50% of employees in a bargaining unit signed union authorization cards. Report Link Senate Will Not Vote on "Employee Free Choice Act".Ford & Harrison LLP - July 02, 2007 Supporters of the so-called "Employee Free Choice Act," which would eliminate an employee's right to vote on whether to be represented by a union, failed to garner enough support in the Senate to close debate on the bill and proceed to final consideration. Thus, although the House approved the legislation in March, no further action will be taken on it during this Congressional term. Report Link "Employee Free Choice Act" Defeated in Senate.Jackson Lewis LLP - June 28, 2007 The union-backed Employee Free Choice Act has failed to clear the Senate. Report Link Senate to Consider "Employee Free Choice Act"Ford & Harrison LLP - June 20, 2007 This week the U.S. Senate will vote on the so-called Employee Free Choice Act (EFCA), which would eliminate employees' right to vote on whether they want to be represented by a union in the workplace. As we discussed in a previous Legal Alert, this legislation would require the National Labor Relations Board (NLRB) to certify a union as the representative of employees whenever the NLRB finds that a majority of a company's employees in an appropriate bargaining unit have signed union authorization cards. The legislation would eliminate the NLRB’s secret ballot elections process, often referred to as the NLRB’s crown jewel, which ensures workers can express their opinion regarding union representation without coercion by either party. Report Link The Perils of Union Activism Have Been Greatly Exaggerated.Littler Mendelson, P.C. - June 12, 2007 The ALF-CIO and other proponents of the Employee Free Choice Act have argued that many union organizing campaigns are defeated because employers illegally terminate union supporters. In this article, Littler's David Christlieb and Allan King analyze the empirical support for these claims. Specifically, the AFL-CIO, the lawmakers supporting the EFCA, and the news media have focused on three studies which claim that employers commonly fire union supporters. However, of these three studies, two are based on surveys of union organizers themselves. The third study is based on outdated or unproven assumptions applied to National Labor Relations Board statistics. Thus, this article concludes that there is no empirical support for the statistical arguments made in favor of the EFCA. Report Link Employers Beware! The Employee 'Free Choice' Act ... Which is Anything But 'Free Choice'Buchanan Ingersoll & Rooney PC - March 06, 2007 Over the past several years, the percentage of organized labor in the private sector has steadily declined in the United States to less than 8 percent. Unfortunately for employers, this decline may come to a screeching halt, and the pendulum may begin to swing in the opposite direction with lightning speed. Report Link Employee Free Choice Act Quickly Passed By House: Next To The Senate.Jackson Lewis LLP - March 06, 2007 Flooring the accelerator on the "Employee Free Choice Act" -- legislation that would fundamentally alter the balance of labor relations in the United States to favor unions -- the House of Representatives on March 1 passed the controversial measure (H.R. 800). Report Link Union Forced Card Check Bill Passes House by Wide Margin... Next Step The U.S. Senate.Ogletree Deakins - March 06, 2007 Today, the U.S. House of Representatives voted 241-185 to pass H.R. 800, the misnamed "Employee Free Choice Act (EFCA) of 2007." With its passage by the House, organized labor's efforts to overhaul the Nation's labor laws cleared its first legislative hurdle. The bill now goes to the U.S. Senate that will take up either the House-passed bill or a companion bill to be introduced by Senate Health, Education, Labor and Pensions Committee Chairman Edward Kennedy (D-MA). Report Link Unions Urge Congress To Eliminate Secret-Ballot Elections (pdf).Fisher & Phillips, LLP - February 22, 2007 It seems incredible that, in America of all places, arguments must be
mustered to support the idea of a secret-ballot election. Yet that is
exactly the situation in the current Congress. Rep. George Miller
(D-CA), current chairman of the House Education and Labor
Committee, has introduced the oddly-named “Employee Free Choice
Act,” (EFCA) perhaps better known as the “card check” bill. Its purpose
is to eliminate the right of employees to decide via secret ballot whether
they wish to be represented by a labor union or not. Report Link The Employee Free Choice Act: It's More than Just a Misleading Name.Littler Mendelson, P.C. - February 21, 2007 The Employee Free Choice Act (EFCA), introduced into the U.S. House of Representatives on February 5, 2007, would amend the National Labor Relations Act (NLRA) to change dramatically the world of both union organizing and bargaining over first time labor agreements. The proposed law, which also will soon be introduced into the U.S. Senate, would constitute the most significant change to the NLRA in its over 70-year history. Report Link New Congressional Leadership Introduces Union Organizing Measure To Guarantee Union Contracts (pdf).Ogletree Deakins - February 14, 2007 New Congressional Leadership Introduces Union Organizing Measure To Guarantee Union Contracts. Report Link Employee Free Choice Act Reintroduced in Congress: The Battle Begins.Jackson Lewis LLP - February 13, 2007 Organized labor has taken another big step to fast-track its highly publicized agenda in the new Democratically-controlled Congress. Its legislative allies have reintroduced the paradoxically named “Employee Free Choice Act,” a bill that virtually would end 70 years of NLRB-supervised secret-ballot representation elections, require employers to recognize unions based on union authorization cards signed by employees with little appreciation of their significance, to say nothing of the adverse consequences of union representation, give arbitrators authority to write first-time collective bargaining contracts when employers are unable to reach agreement with the employees’ newly certified representative after 90 days, and impose significant financial and other penalties on employers who violate employees’ rights during a union organizing campaign or first contract drive.
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ArticlesFound: 67 ArticlesNO SUBTOPICSEmployment Law Seminars
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November 12, 2009 CooleyThe Labor & Employment Compliance Costs of Federal ContractingWebinar
November 12, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyLa Jolla
November 12, 2009 Fisher & Phillips |
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