EFCA Introduced in House and Senate

The Employee Free Choice Act was introduced in both the House and Senate on March 10. Making it easier for unions to organize workers, EFCA represents the most dramatic change in labor law since 1935. (For a previous post about what EFCA would do, click here.)

Because it’s the most divisive piece of legislation there is, the Obama Administration had hinted that it would wait until later this year to push the Employee Free Choice Act. The President clearly supports the legislation and always has. But organized labor played a big role in Obama’s election; EFCA is labor’s crown jewel; and Congress is much different now than when EFCA was previously introduced. And let’s face it, Obama is on a roll right now.

The Employee Free Choice Act will pass the House, and it can get a majority of votes in the Senate. The question is whether there are 60 votes in the Senate to cut off a filibuster, and that’s very much up in the air. It’s likely that no vote will be taken in the Senate until the Senate race in Minnesota is finally decided. Democrats expect Al Franken to win that race and be seated in April or May. That would give Democrats 57 Senate seats plus the two independents who usually vote with the Democrats.

So, can the Democrats get one Republican vote to end a filibuster, and can the Democrats prevent any conservatives in their party from breaking ranks? Time will tell, but it’s clear that the battle over EFCA will be brutal. Hundreds of union and business lobbyists descended on Capitol Hill yesterday to begin the fight. It’s hard to believe that EFCA will pass in its present form. Thus, there’s one more question: Will either side be willing to compromise?

Check out the HR Hero Free White Paper on Seven Possible New Employment Laws HR Pros Should Know About (including the Employee Free Choice Act)