NLRB rebukes Employee Free Choice Act

The NLRB's decision in Dana Corporation is, among other things, a direct rebuke to the pending legislation, the Employee Free Choice Act, which would allow the NLRB to certify a union as the employees’ exclusive bargaining representative without holding an election, if the Board finds that a majority of an employer’s employees have signed union authorization cards. 

Please view the Fox Rothschild Alert regarding Dana Corporation. 

Anthropologists for Unions??

Paul Durrenberger, professor of anthropology at Penn State, was a primary contributor to the first American Anthropological Association Policy Brief on the right of employees to organize unions.

Durrenberger, a cultural anthropologist who has lived and worked in communities from Thailand to Iceland, has focused his recent work on the United States and the role of unions in the American workforce. His policy focuses on the Employee Free Choice Act.

The brief is part of a series of informational resources intended for the public policy community that approaches problems from an anthropological perspective.

Schwarzenegger "terminates" the EFCA in California

Gov. Schwarzenegger vetoed California legislation very similar to the Employee Free Choice Act.  The California legislation would have allowed workers to form unions by signing union authorization cards rather than going through a union campaign resulting in an election.  The law would have also increased penalties for labor law violations.

Schwarzenegger, declared in his veto message that, “This 'card check' process fundamentally alters an employee's right to a secret ballot election.”

EFCA tops AFL-CIO's priority list in 2008 election

The AFL-CIO announced plans to spend $53.4 million on grassroots outreach in the 2008 election cycle to back political candidates that support "workers' issues," such as healthcare and the Employee Free Choice Act (EFCA).

With the AFL-CIO emphasizing the passage of the EFCA, this is sure to be a big domestic issue in the upcoming elections, with a greater focus on unions and the workplace than there has been in recent election cycles. 

EFCA to be Hot Button Issue in Presidential Primaries

With the Presidential Primaries just around the corner, candidates have taken sides on the EFCA. The three leading Democratic candidates, Hillary Clinton, Barack Obama and John Edwards have all come out in favor of passing the EFCA if elected.

In contrast, all Republican candidates are on record as opposing passage of the EFCA.  The five Republican candidates who are members of Congress all voted against the Employee Free Choice Act this year, and three other candidates—Vanderbilt Law alum and former Senator Fred Thompson, former Massachusetts Gov. Mitt Romney and former New York Mayor Rudy Giuliani—all have expressed their opposition to the EFCA. 

Massachusetts Enacts Modified EFCA

The State of Massachusetts enacted a modified version of the Employee Free Choice Act. 

On September 27, 2007, Massachusetts Governor Deval Patrick, signed into law a bill requiring recognition of public sector unions when a majority of bargaining unit members sign union authorization cards.  Under this new law, unions have 12 months to gather signatures and can then request certification from the State Labor Relations Commission or from a neutral third party.

Organizing Drives under the EFCA

A union started an organizing drive at my company. The Union claims that a majority of my employees have signed union authorization cards and are demanding that I recognize them, based on a “card check”, as the exclusive collective bargaining representative of my employees. 

What is a “card check”?

Can I refuse to agree to a “card check” under the current law? 

How will that change under the Employee Free Choice Act (EFCA)? Continue Reading...