The Employee Free Choice Act: Congress, Where Do We Go From Here?

Source: David P. Twomey, Labor Law Journal, Vol. 60 no. 2, Summer 2009

Part II of this paper presents an overview of the current law regarding the determination of employees’ choices on representation status issues. Part III discusses certain deficiencies in the current law regarding protection of employee rights to join unions and to engage in collective bargaining. Part IV of the paper analyzes EFCA proposals and makes recommendations concerning the legislation from the perspective of correcting the deficiencies identified in part III of the paper. Part V concludes with a recommendation that Congress make the necessary compromises to correct the longstanding deficiencies in the current law and not squander the present political capital and momentum that can bring about limited, but appropriate changes, to the Natioanl LAbor Relations Act (NLRA).

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