EFCA INTRODUCED IN CONGRESS

The long-awaited and much-anticipated Employee Free Choice Act (EFCA) was finally introduced in Congress on March 10, 2009, initiating a new battle between Democrats who argue the bill will bolster the economy and business groups that contend it is an employment killer. The EFCA, which is strongly supported by President Obama, was presented by Democrats in both the U.S. House of Representatives, where it is anticipated to receive overwhelming support, and the Senate, where it will likely confront greater resilience.

As proposed, the EFCA would amend the National Labor Relations Act (NLRA) by eradicating secret ballot elections and replacing them with a card-check procedure that would require unions only to obtain signed authorization cards by a majority of employees in order to organize. If passed, the EFCA, which also contains mandatory arbitration provisions and considerable increases in employer violation penalties, is expected to result in a union membership increase from the current 7.5% of the United States work force to 20%.