Employee Free Choice Act Introduced in the House and Senate

It is no longer theoretical. The Employee Free Choice Act, commonly known as EFCA, was introduced in the United States House of Representatives and the United States Senate on March 10, 2009. EFCA had been introduced last year but never gained enough support to bring it before then-President George Bush, who had promised to veto EFCA.
 
The tides have now turned, and current President Barack Obama has pledged that he will sign EFCA if it comes across his desk. Recently President Obama told AFL-CIO leaders that "[t]o me, and to my administration, labor unions are a big part of the solution. We need to level the playing field for workers and for unions that represent their interests - because we cannot have a strong middle class without a strong labor movement ... And as we confront this [economic] crisis and work to ... pass [EFCA], I want you to know that you will always have a seat at the table."
 
A vote on EFCA could come as early as late spring or early summer. However, there is presently a great deal of speculation as to whether or not EFCA will pass in the Senate. Some Senators who supported EFCA last year are now, particularly given the current economic crisis, wavering in their support of the legislation. Accordingly, it remains to be seen if President Obama will have the opportunity to sign the Act into law.
 
If EFCA were to pass in its current form, which is the same form as presented last year, it would represent the most dramatic change in labor law over the past 30-plus years. EFCA would essentially eliminate secret ballot elections, which are currently used to establish a union, and replace them with a card check process. Further, EFCA would require that all the terms and conditions of the collective bargaining agreement be determined by a federal arbitrator (or panel) if the parties cannot reach agreement within 120 days of negotiations. The contract imposed by the arbitrator would be in place for two years. Finally, EFCA provides for greater penalties than current law if employers engage in certain unfair labor practices during a union organizing drive or during contract negotiations.
 
Employers should act quickly to prepare for the possible passage of EFCA. Click here for more information on ELI's solution for EFCA: Strengthening Employee Relations.

EEOC Statistics