EFCA: Card Check Bites Dust
The New York Times reports today that the Democratic congressional leadership and organized labor leaders have given up on the card check provision of the Employee Free Choice Act (EFCA). The votes aren’t there to pass EFCA if it contains the card check provision.
Though supporters of EFCA are downplaying this capitulation, the card check provision was the central part of EFCA. In fact, EFCA was often called the card check bill. Under this provision, once a majority of employees signed union authorization cards, an employer would have had to recognize the union. That would have eliminated union organizing campaigns and an election in which all affected employees could cast a secret ballot vote.
As the Times article says, there are still parts of EFCA to be compromised. For example, to make up for the elimination of card check, supporters want much quicker elections, union access to employer property during an election, and restrictions on pressure from employers on employees. Arbitration provisions that are troubling to employers also remain in EFCA.
While it’s too early to know what provisions will be in the final bill to be voted on, the elimination of card check probably assures that EFCA will be brought up for a vote.
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With a Democrat majority in Congress, some form of the bill will likely pass. The card check provision was probably never going to survive. In my opinion, the arbitration provision is more interesting, has received less attention and has serious, perhaps undesirable implications for employers and employees. For example, if disputes over the provisions of the initial contract can’t be resolved through mediation and an arbitration panel makes the call, as I understand it, that “call” may be binding for up to 2 yrs. Thus, employees’s will not have the right/power to vote on the CBA. I can’t imagine why labor or management would want that result.
Beverly,
Thanks for comment. You’re right about arbitration provision of EFCA. Some business groups have argued that it’s far more significant than card check. I suspect the debate will now shift to that provision. We’ll see.
John