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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 Preparing for the Labor Attack: Employee Free Choice Act Executive Summary.McGuire Woods LLP - August 22, 2008 The House of Representatives in the 109th Congress overwhelmingly passed the Employee Free Choice Act (EFCA) in the winter of 2007. The bill passed the Senate by a vote of 51-48, but died in that chamber when President Bush threatened a veto. However, the labor threat to employers remains. 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 Fails in Senate (pdf).Hogan & Hartson LLP - July 02, 2007 Our Client Update from June 7, 2007 reported on the implications of the so-called Employee Free Choice Act, which had passed in the House of Representatives by a wide margin. On June 26, supporters of the EFCA in the Senate fell 9 votes short of the 60 needed to limit Senate debate and permit the bill to proceed to a vote on the Senate floor. 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 Getting Ready for the Employee Free Choice Act: Unions’ Ability to Organize Employees Will Become Significantly Easier Under the So-Called Employee Free Choice Act.Hogan & Hartson LLP - June 13, 2007 This Labor and Employment Update discusses the pending Employee Free Choice Act (EFCA) and its impact on every employer in the United States. EFCA will drastically change the way that unions organize and make it more difficult for employers to resist unionization. The bill also will change the way initial collective bargaining agreements are negotiated. This article is pertinent to all U.S. employers. 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 Congress Debating "Employee Free Choice Act" (pdf).Nexsen Pruet - March 07, 2007 With the political shift in Congress, several important labor or employment laws may significantly change. 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: 20 ArticlesNO SUBTOPICSEmployment Law Seminars
Managing Business Exposures Successfully: Are You "All In" For The Continual Wave Of Workplace Risks?
Irving
2008-9-4 Jackson Lewis LLPTOP TEN WAYS TO VIOLATE WAGE-HOUR LAWSSacramento
September 9, 2008 Shaw Valenza LLPUnlocking The Mystery Of Employee Privacy RightsLos Angeles
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsCosta Mesa
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsSacramento
2008-9-9 Jackson Lewis LLPUnlocking The Mystery Of Employee Privacy RightsSan Francisco
2008-9-9 Jackson Lewis LLPEmployee vs. ContractorColumbia
September 9, 2008 Nexsen PruetEmployee Free Choice Act: Labor’s Attack on Your Employees’ Right to ChooseOnline
September 9, 2008 McGuire WoodsThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActStamford
2008-9-10 Jackson Lewis LLPHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSan Francisco
September 11, 2008 Shaw Valenza LLP |
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