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Originally Posted by Edward64
Sorry, can you sum it up for us? What does EFCA do?
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To sum it up, the EFCA would make three specific changes to private sector labor relations.
#1 - Unions will be certified as a bargaining representative for employees if a majority (51%) signs "cards" which states their approval of the petitioning union. Current law has a lower standard for "card check" (30%) to show "presumption" of majority support, however, the employer can challenge the presumption by a secret ballot. Arguably, the secret election allows employers greater access to employees to persuade them to vote no on the secret election. The EFCA would essentially eliminate the secret ballot election.
#2 - Once union satisfies "card check", the employer and new bargaining representative have 90 days to work out an initial collective bargaining agreement or go to binding arbitration/mediation. If an agreement goes to mediation, employees will not have an attempt to approve the agreement before it goes into effect.
#3 - Larger penalties (including punitives) against employers if found to violate the act. Under the current NLRA, employees only recovery if employer violates the act is reinstatement and back pay.
In effect, these changes would likely:
-Provide for more unfair labor practice charges - In modern times, more employees are bringing employment discrimination claims or other private suits against employers for supposed wrongful behavior because recovery is larger. By allowing employees to seek larger remedies under the NLRA, it opens up potential charges.
-NLRA would need to expand to include arbitration/mediation under #2 above, thus opening up a new "section" of the NLRB and more job opportunities.
-Where it is easier for a union to become a certified bargaining representative, it will likely result in more unions meaning more charges, meaning more work for people in the neutral sector.
-Finally, as EFCA would arguably shift the balance of power closer to 50-50, lots of current case-law would need to be re-examined and re-decided.
Supposedly, the cloture count is now up to 58 for the Act, notwithstanding undecided election results. Obama was an original cosponsor of the bill.