Posted on 07/27/2009 1:09:15 PM PDT by nateriver
Despite rumors that the "card check" provision may be removed from EFCA, other clauses of this bill will still have a negative impact on the relationship between employers and employees. A few of the changes to the NLRA are neither the employer nor employee will have the right to turn down an arbitrators proposed contract. Also, all negotiation will not exceed 120 days of bargaining. Most contract negotiations go beyond 120 days. Maybe because unlike congress both parties read what they are signing!
My law firm relesed the following last week:
July 2009
Employee Free Choice Act Update
In an effort to help secure 60 votes (and avoid a filibuster in the Senate), some congressional supporters of the Employee Free Choice Act (EFCA) have proposed an alternate version of the Act that would drop the card check aspect of the bill and instead push for shorter election times (5 or 10 days)sometimes referred to as ambush elections. If card check is eliminated from the EFCA, it is expected to substantially accelerate passage of the bill, as several key Democrats were reluctant to support the EFCA with the card check provision.
As you know, when the EFCA was introduced in the Senate (and passed in the House of Representatives), it had three parts:
· Card check;
· Mandatory arbitration for the first contract after union certification if a deal is not reached in 90 days; and
· Heightened penalties for unfair labor practices committed during an organizing campaign.
At this time, no new bill has been released, but it is expected that the latest version would include mandatory arbitration, heightened penalties for unfair labor practices and a new provision for shorter election times.
Under either version of the EFCA, union organizing efforts will increase dramatically. If you have not already developed your union avoidance strategy, we strongly urge you to do so now.
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