Employee Free Choice Act - It's Coming. Or is it?

Posted in Law ::: February 6, 2009 6:51 AM

 The Employee Free Choice Act is on the horizon and employers should be aware as it contains some drastic differences from the previous law of the land when it comes to labor organizing.  Please, allow The Mattacola Law Firm Blog to break it down for you.  

This Act would amend the National Labor Relations Act as it relates to employer-union relations for employers besides airlines and railroads. It would take away the secret ballot system as the way to decide if a union could form and will replace it with a certification card system.  If the majority of the employees sign cards in favor of the union, presto, there is a union.  It also changes the timeline as to when contract negotiations go to binding arbitration.  Under this legislation, if the employer and union cannot agree on the contract after the first 90 days of negotiation, it would then go to mediation.  If mediation doesn't do the trick after 30 days, it would then go to binding arbitration.  There are also much harsher penalties against employers who discriminate against employees for participating in the union process.  

This legislation didn't get to see the light of day under the Bush administration but President Obama has, throughout his campaign, spoken of supporting it and has spoken in great favor of the rights of unions to organize.  But, now, with him having had his first taste of Washington disappointment over a couple nominations and with him trying to get bi-partisan support for this stimulus package - will the EFCA get watered down a bit as a compromise to the more conservative members of Congress?  
Anything is possible in Washington - stay tuned.  

 

Say something | 1 Comments

Comments on this Entry

  1. Posted :: February 13th, 2009Michael Durando

    Whether unionization is positive for business, the workforce, or the economy is a conversation best left to someone in a field other than mine. As an I/O Psychologist my interest lies in organizational success through the well-being of employees. I think that the EFCA is forcing companies to have an important conversation. In searching for ways to combat unionization, employers are realizing they need engaged employees – who feel communicated to, safe, valued, and a strong commitment to the company. I’ve been hearing a lot of chatter from the legal community about the need for ‘union vulnerability audits’ to ensure a satisfied workplace where unions are viewed unnecessary. Whether or not the EFCA passes I think employees (and organization) will benefit from the discussion.

    http://www.questaroig.com

Say something

Submitted comments will be approved by Greg before appearing.

  2. optional (will not appear online)
  3. http://yoursite – optional (will appear online)

  5. Important! Please find the letters in the image opposite, then type them into the box above. You are asked to do this in order to verify that this comment is not being submitted by an automated process.

View Archives

This blog is posted by Greg Mattacola of The Mattacola Law Firm, located in Rome, New York and serving clients across New York State. This blog shares our thoughts on the law, our strong promotion of a fulfilled life and a deep caring for our community.

View my profile on LinkedIn

The Mattacola Firm concentrates on:

Need Legal Assistance?

Contact Us.

Other Blogs of Interest

Disclaimer

This is a blog. It is designed to pass on thoughts and information which will hopefully be of some interest to someone, somewhere. It is meant to inform, entertain and to spark some thought and dialogue amongst the readers, if there should happen to be any. The posts are not comprehensive in nature and nothing on here is intended to be legal advice upon which life decisions are made. Every legal issue and situation are different and call for unique solutions based on their factual differences and the applicable law. If you should need legal assistance, please, contact The Mattacola Law Firm directly. Do not rely solely on what you read here. This message will self destruct in ten seconds.