Total Articles: 43
If You Build It...
It comes as no surprise that employers in the last several years have been forced to focus on survival in an extremely difficult environment. There have been sharply decreased (or nonexistent) profit margins, falling sales, reorganizations, reductions in force, retrenchment and reversion to the mean. Overall business conditions aren't really much better now than they were three years ago and nobody really knows when they will improve.
EFCA, Schmefca: The Obama Board Won't Wait For Legislation To Change Labor Law
Even with the Employee Free Choice Act (EFCA) now seemingly DOA, major reform of labor law is not far off. Wilma Liebman and the three new Obama appointees, including Craig Becker, are now in the driver's seat at the National Labor Relations Board. Big Labor justifiably expects the Liebman/Becker-led Board to deliver on Obama's campaign promises and to revamp federal labor law in its favor.
NLRB Poised to Advance EFCA Through Reversal of Key Board Decisions
This week, the National Labor Relations Board (the Board) made two announcements, the results of which could further the administration’s EFCA agenda without the need to pass legislation. Most prominently, the Board will revisit its 2007 Dana decision through review of two sets of cases that question when a union’s support among employees can be challenged (Rite Aid Store #6473 / Lamons Gasket Co. and UGL-UNICCO Service Co. / Grocery Haulers Inc.). Dana has been widely cited as legal support for maintaining secret ballot elections in lieu of the union-supported card-check procedures in EFCA.
Will There Be an End-Run Around the EFCA?
After months of moribundity, the Employee Free Choice Act (“EFCA”) is showing signs of life. Or at least alternative means of imposing some of the major changes included in EFCA, such as greatly decreasing the time of an election campaign and limiting employers’ ability to actively participate in union elections, are being considered. It all depends on the possible confirmation of Craig Becker, whose nomination to the NLRB has been stalled in the Senate but was recently voted out of committee on a party line vote.
EFCA by Fiat? What a Becker Confirmation to the NLRB Could Mean for Employers.
On February 4, 2010, the Senate Health, Education, Labor and Pensions Committee voted 13-10 to approve the nomination of Craig Becker to be a member of the National Labor Relations Board. It was a party line vote, with all 10 Republicans on the committee voting against Becker's nomination. Becker must next be confirmed by the entire Senate. With Senator Scott Brown already sworn in as the 41st Republican, there is a real possibility that Becker's confirmation could be blocked by a filibuster. If that were to happen, Senate Majority Leader Harry Reid said the Obama Administration may use a recess appointment to get Becker on the NLRB, which would not require Senate approval.
Whatever Happened to the Employee Free Choice Act?
For the first quarter of 2009, the Employee Free Choice Act (EFCA), was front page news, and the subject of scores of seminars, webinars and spirited discussions. Since then, it has virtually disappeared from view. Aside from a few rumors about possible Senatorial compromises, EFCA became a nonevent during the balance of 2009. As we move into 2010, an election year, will we see an effort to revive and enact EFCA in some form? I’m betting we will.
Update on the Employee Free Choice Act.
Although the contentious health
care debate remains front and
center—both in Congress and
in the media—signifi cant labor
law changes appear close at
hand as well. Do not let the
lack of headlines fool you—the
Employee Free Choice Act
(“EFCA”) remains a priority for
the Obama administration and
the Democratic-controlled
Congress. Informed observers
expect that EFCA will be the
next hot-button issue taken up
by Congress.
Who Needs EFCA? - Expect Big Labor Law "Reforms" From the NLRB.
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.
Senate Democrats pull back on Specter's card-check prediction.
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.
CONGRESS DROPS CONTROVERSIAL CARD CHECK PROVISION FROM “EMPLOYEE FREE CHOICE ACT”.
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.
Investor Letters Regarding EFCA.
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.
WHAT'S UP WITH THE EMPLOYEE FREE CHOICE ACT? Reports of its Death Have Been Greatly Exaggerated
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.
A New Law Could Make Unionizing Your Employees Easy.
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.
EFCA Introduced In Congress.
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.
Employee Free Choice Act in the 111th Congress: The Battle is Joined (pdf).
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.
IS THERE A UNION IN YOUR FUTURE? CONGRESS INTRODUCES EMPLOYEE FREE CHOICE ACT.
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.
One Step Closer to The Employee Free Choice Act.
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.
Big Labor's Assault on Workplace Democracy Begins.
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.
EFCA Introduced in Congress.
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.
EFCA Rumors.
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.
Employee Free Choice Act: New Poll Reveals Lack of Understanding.
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).
New Employment Laws to Worry About: It's Not Just About Card Check Anymore.
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?
The Employee Free Choice Act - A Post-Inauguration Update (pdf).
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.
A FREE COUNTRY?
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.
Unions Claim Credit for Obama Win – and Expect Big Payback.
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.”
Video - "Employment Law: How Will the 2008 Election Impact You and Your Business?"
Employers can expect that efforts will be made to significantly change employment and labor laws and regulations over the next several months. Nexsen Pruet Employment and Labor Law attorneys David Dubberly, William Floyd, Cherie Blackburn and Mike Brittingham provide a briefing to help clients prepare for the changes.
2008 Elections Cause Concern Among Employers.
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.
The EFCA Problem For Retailers.
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.
The Likely Rise Of Unionization In The New Political Environment.
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.
Employee Free Choice Act: What It Means and Why Non-unionized Employers Should Care.
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.
The EFCA, Organized Labor's Legislative Agenda and Its Impact on Your Business.
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).
Employee Free Choice Act -- Overview and Preparation (pdf).
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.
The EFCA: Organized Labor's Legislative Agenda and Its Impact on Your Business.
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).
The Employee Free Choice Act - Changing Union Organizing As We Know It.
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.
Employee Free Choice Act: Ready Or Not?
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.
The Return of Labor.
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.
Cute Titles for Bad Laws: A look at union-sponsored federal legislation.
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.
Senate Will Not Vote on "Employee Free Choice Act".
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.
Senate to Consider "Employee Free Choice Act"
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.
Congress Debating "Employee Free Choice Act" (pdf).
With the political shift in Congress, several important labor or employment laws may significantly change.
Union Forced Card Check Bill Passes House by Wide Margin... Next Step The U.S. Senate.
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).
Unions Urge Congress To Eliminate Secret-Ballot Elections (pdf).
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.
New Congressional Leadership Introduces Union Organizing Measure To Guarantee Union Contracts (pdf).
New Congressional Leadership Introduces Union Organizing Measure To Guarantee Union Contracts.
