The Employee Free Choice Act: No Choice for Employer or Employee

Source: Douglas P. Seaton and Emily L. Ruhsam, Employee Relations Law Journal, Vol. 34 no. 4, Spring 2009

The Employee Free Choice Act (EFCA) was one of the most highly publicized issues during the 2008 presidential election. Despite its name, the EFCA would eliminate the secret ballot election and force arbitrator-created union contracts on employers after 120 days of failed bargaining. Employers are well advised to keep a pulse on EFCA as it is one of the most radical changes ever proposed to the National Labor relations Act and passage would have significant effects on unionization levels in the private sector.

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