The U.S. Senate has dropped the “card check” aspect of the Employee Free Choice Act, or EFCA.
The original version of EFCA dictated that union elections would be finalized through a card check process, in which each employee’s ballot can be made public to their co-workers, employers and union organizers, instead of the current system which employs a secret ballot. The newest version of the bill retains the secret ballot election aspect of the vote.
Democrats control the Senate with a 60-seat majority which, if the party is unified within the Senate, is filibuster proof. President Obama is on record of supporting the original form of EFCA and would sign it into law if it reaches his desk. However, there are a few dissenting democrats that did not support EFCA in its original form, allowing the republicans and pro-business democrats to block the legislation.
At first glance, the elimination of the card check provision looks like a victory for the business community. However, additional changes to EFCA, including an expedited union election schedule, may replace the card check provision. The projected proposed union election schedule of five to ten days after a union files a petition with the National Labor Relations Board is much quicker than the current schedule of six to eight weeks. This means less time for employers to educate their employees about the positive and negative aspects of unionization before the secret ballot election.
Other troubling aspects of EFCA, including increased penalties for companies that violate labor law and requirements for mandatory binding interest, are expected to remain in the bill. ABC continues to oppose EFCA in all of its forms, and is actively lobbying against this costly, unnecessary legislation.