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The Employee Free Choice Act

Release Date: February 09, 2009

The proposed "Employee Free Choice Act" (EFCA) was passed by the House of Representatives on March 1, 2007, but did not obtain sufficient support to proceed to a vote in the Senate during the previous Congressional session.  It is almost certain that President Bush would have, in any event, vetoed the legislation.  However, the results of the recent federal elections may soon permit the enactment of the EFCA, which would be the first significant amendment to the National Labor Relations Act (NLRA) in more than 60 years.  As currently drafted, the EFCA would, among other things, enable union certification based solely on authorization cards, entirely bypassing the secret ballot election, and impose interest arbitration into the process of negotiating the first collective bargaining agreement after certification.

Fundamental Impact (EFCA):

• Certification Procedures
• Negotiating the First Contract
• Remedies (Against Employers)

The Respect Act:

• Overview
• Definition of Supervisor
• Proposed RESPECT Act

Even if the EFCA is passed in revised form, the primary goals will be (1) to make it easier for unions to organize employees and obtain recognition as the exclusive bargaining representative and (2) to increase union leverage in negotiating the first contract.  Upon enactment, the new law is expected to immediately impact organizing efforts, making it critical that employers be proactive if they wish to remain union-free. 

Related Links:

• Employee Free Choice Act as it was introduced to the Senate
• Criticisms and Commendations