Democrats have reportedly agreed to drop the card-check provision of the controversial Employee Free Choice Act (EFCA). The card-check provision would have made it much easier for employees to form labor unions by allowing a majority of employees to unionize by signing card-check petitions. Under this provision, employers would no longer have been able to dispute the card-check process through a secret-ballot election if a majority of employees signed the petitions.
With the elimination of the card-check provision, several Senate and labor officials have noted that the revised bill could require shorter unionization campaigns and faster elections. For example, revisions to the bill could include a requirement that union elections be held within five or 10 days of 30 percent of employees signing cards indicating that they want a union. Legislators are supposedly also considering other options, including measures that would give unions more access to employers’ property and prohibit employers from requiring employees to attend “antiunion meetings.”
Even though the card-check provision may have been the most debated element of the EFCA, there still are other provisions that are strongly opposed by the business community, especially the mandatory arbitration provision. Specifically, the legislation provides for mandatory arbitration if an employer and a union fail to agree on a contract within 120 days.
By dropping the EFCA’s card-check provision, Democrats are hoping to ensure the bill’s passage. Although Democrats have a 60-40 majority in the Senate, several more moderate Democrats have spoken out against the card-check provision. Without the provision, Democrats are hoping to have the 60 votes required to end a filibuster. We will keep you updated on the status of the EFCA and any future revisions.
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Learn more about EFCA and how employers can avoid having the organization’s unionized at the Union Avoidance Virtual Summit.
Thank God!!!!