Challenging Recent Pro-Labor Executive Orders and the Employee Free Choice Act

Source: Curtis L. Mack, Mark L. Keenan and Brennan W. Bolt, Labor Law Journal, Vol. 60 no. 4, Winter 2010
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Given the democrats’ campaign promises to organized labor in the 2008 election, it was no surprise that just days into President Obama’s presidency he signed four pro-labor executive orders affecting federal contractors and their labor relations. It is also no surprise that the Democrats still support, over the business sector’s objections, the Employee Free Choice Act (EFCA), which would enact the most radical change to the National Labor Relations Act (NLRA) since its inception in 1935. However, President Obama may have overstepped his authority in executing the executive orders, and EFCA may render the NLRA unconstitutional. This article examines potential legal challenges to both those executive orders and EFCA.

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