Multiple reports in the last few days
indicate that Senate Democrats have made a deal that will result
in a Senate vote on the Employee Free Choice Act (EFCA) this September,
where passage is anticipated. The
proposed law would amend the National Labor Relations Act to: prohibit
secret ballot elections as the method of determining employee support
for union representation, mandate binding arbitration if the parties
cannot agree to a contract, and greatly enhance penalties on employers
who resist the unionization of their employees unlawfully.
The
proposed deal would replace card-check provisions with
an election within five to 10 days from the date of filing
a petition. Consequently,
under the modified EFCA, an employer may have little time to form
an effective counter-campaign if it waits until receiving notice
of the petition before taking action.
Source: Duane Morris news alert July
2009
