March 11, 2009
Articles
Employee Free Choice Act Reintroduced Into Congress
On March 10, 2009 the Employee Free Choice Act (EFCA) was reintroduced into both the House and Senate. The bill is identical to that considered by Congress in 2007. President Obama has pledged to sign this legislation.
The bill significantly changes key provisions of the National Labor Relations Act:
- A secret ballot vote on unionization is effectively replaced by a card check system;
- First contracts are subject to binding interest arbitration where an arbitrator will have broad authority to create a contract which could be in effect for up to two years;
- Penalties for employers who commit unfair labor practices are significantly increased including treble damages and penalties of up to $20,000 for certain infractions. No similar changes are proposed for union misconduct.
Senator Thomas Harkin (D., Iowa) is the sponsor of the legislation in the Senate and he has announced that it is likely the Senate will take up this bill after its Easter recess. It is also anticipated that the matter will be considered by the Senate before being taken up in the House.
In 2007 the House passed EFCA on a vote of 241 to 185. However, the bill was successfully filibustered in the Senate as supporters of EFCA were unable to get 60 votes to end debate. Democratic control of the Senate has increased as a result of the 2008 elections. However, several Democratic Senators who had supported EFCA in 2007 have now expressed reservations about the appropriateness of the legislation. As a result of these comments, opponents of EFCA are cautiously optimistic that the bill can be defeated.
For any questions or for assistance with the Employee Free Choice Act, please contact James M. Dawson at (612) 373-8422 or by e-mail, jdawson@felhaber.com.
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Felhaber, Larson, Fenlon & Vogt, P.A. |
Felhaber, Larson, Fenlon & Vogt, P.A. |
www.felhaber.com |
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