Is EFCA on Life Support...

After the panic over EFCA earlier this year, it seems like things have quieted way down (if you don't pay attention to the U.S. Chamber of Commerce and national union ads). It doesn't seem like this is on the front burner with Congress any more. Does anyone have different information?


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  • Hey, with the car companies, publishers, municipalities, and just about ever other employer with unionized employees asking for concessions from theose unions in order to stay afloat, seems like a bad time to introduce EFCA for both sides. And members of Congress watching "tea parties" in their home districts today on Tax Day may not want to debate a controversial issue just now (and have their comments thrown back at them later).

     The patient may revive if the economy revives.

  • I agree that this seems to have quieted down a bit, but I don't think it is dead in the water. Just about every publication/newsletter that I receive from national and local law firms are still talking about this and what to do if it comes to pass.  Most are still holding webinars on it.  SHRM also has one coming up.  I think there are many that still consider this a real possibility. 
  • EFCA is not a dead issue.  It has been stalled due to the fact that a key player, Arlen Specter R-PA, has announced he would not vote for cloture with the current bill.  This is due to the fact that he is up ofr re-election this year and is facing a more conservative opponent.  The Republicans are not happy with him so he needs to do what he can to appease them.  The bill will re-appear at some point, maybe in an amended form.  It is still a threat and most likely will be passed.
  • I think the Democrats owe the unions big time.  EFCA may be amended, but it will pass in some form.  My guess is that a compromise will include a provision for quick elections (instead of card check), and change or eliminate the mandatory arbitration provision.  I don't think it was too wise to introduce the bill when the economy was tanking.  But, I agree that once we see the economy pick up, EFCA will resurface. 

  • Obama was quoted recently as saying that the democrats will get it passed.


    I imagine they will wait until after mid term elections.

  • I've been reading on BLR and other news organizations that EFCA has been brought back to life with a compromise dropping card check.  Does this mean that we should be worried about unionization?  It seems like it will be so fast and easy to get recognized that unions will have plenty of resources to organize large and small companies.  Any one else concerned?

  • Everyone should be concerned!!!! Probably should be developing some type of union avoidance strategy just in case you need to implement it quickly.  Although, of course the best union avoidance tool is to treat employees with respect.
  • Now that healthcare reform has passed, I guess we may be back to reforming the NLRA.  What do you think is next--immigration reform or labor law reform?
  • Since Obama has appointed Craig Becker to the NLRB, there may be no need for EFCA.  My guess is that labor will be happy, at least for a while and the focus will turn to immigration reform.

  • If the dems get pounded in mid-term elections, it won't happen unless he's re-elected.  No way will Congress touch that before elections after pushing health care reform.
  • I think you are right.  From what I'm hearing, the new NLRB will likely try to accomplish some of the goals of EFCA through rule-making including shortening the time for elections.  The agency may make broader changes than would have been made in legislation considering the compromises that would have been made to get a bill passed.
  • This is the first visionary, change oriented, labor sympathetic NLRB leader in quite awhile.
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