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A Bodman Workplace Law Group Alert: Senate May Delay Consideration Of EFCA

9/3/2009

Recent reports from Washington, DC indicate that Senate Majority Leader Harry Reid (D-Nevada) will delay consideration of the Employee Free Choice Act (EFCA) until 2010, after consideration of the health care legislation.  EFCA is a Big Labor priority in Congress and, if enacted, will substitute union-supervised card checks for NLRB supervised elections, impose mandatory arbitration for a company’s first labor contract, and impose substantial financial penalties on employers charged with the unlawful discharge of employees during a union’s organizing drive. 

Any delay in Congressional consideration of the draconian EFCA is a benefit to the business community.  Since 2010 is an election year, serious consideration of EFCA after January 1 may not occur at all.  But it is too soon to celebrate EFCA’s demise.  As of now, EFCA is delayed, not defeated.  Sensing a change in Congress in the November 2010 election, Big Labor may still push for action next year.

The message for employers is clear. You cannot rest. Opposition to EFCA must continue. More importantly, employers must be vigilant for signs of employee discontent and prepared for quick response, while at the same time promoting the proper treatment of employees and continued exercise of good human resources practices, especially in these turbulent times. Contact Bodman’s Workplace Law Group for guidance on quick response preparation and on building a workplace strong enough to withstand EFCA or its permutations.

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