Employee Free Choice Act Summary

by Jason Greer on February 18, 2010

Okay folks…the Employee Free Choice Act has been debated ad nauseum, but I decided to provide my readers with a quick summary of what the bill will consist of:

What Is The Employee Free Choice Act (a.k.a. EFCA)?

The Employee Free Choice essentially rewrites the laws and procedures of the National Labor Relations Act, thus allowing unions to forgo the secret ballot process of voting for or against joining a union (for the record, unions need a 50% plus 1 majority of the actual votes to win a secret ballot election.)  Instead, if a labor union receives the signatures of at least 50% of employees in a petition form or union authorization cards, they then have the right to walk in to a business and demand instant recognition WITHOUT the secret ballot election.

The business owners then have up to 90 days (i.e. 3 months) to bargain a contract.  If a contract settlement has not been reached, then either the business or labor union may notify the Federal Mediation and Conciliation Service of the dispute and request mediation.  If the FMCS is not able to negotiate a settlement within 30 days then the matter is given to an arbitration board, which will then make a ruling that will be binding upon both parties for 2 years.

This, my friends, is what they call the “game changer…”

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