Card Check Officially Dead?
The New York Times is reporting that the Employee Free Choice Act’s controversial “card check” provision appears to be dead. However, that doesn’t mean that EFCA itself is gone.
EFCA’s backers are trying to muster the super-majority 60 votes in the Senate required to block a filibuster. Dropping card check — which many key Democrats felt was undemocratic — just might take them over the top.
The repackaged EFCA still would include several provisions likely to dramatically shift power to unions:
- “quickie” elections (5-10 days versus the average 40 days currently);
- union access to company property;
- prohibiting employers from requiring employees to attend informational meetings about the union; and
- binding fast-track arbitration.
Union groups no doubt will support the new EFCA. Business advocates remain staunchly opposed to any such “compromise.” They argue that “quickie” elections give unions far too much of a head start and deprive employees of their opportunity to hear both sides of the story. They also contend that allowing union access and prohibiting employers from holding meetings would be unnecessary and disruptive. As for fast-track binding arbitration, business groups believe it will result in unworkable, unrealistic and uncompetitive contracts.
Stay tuned.














