Employee Free Choice Act Introduced to Congress

March, 2009

The Employee Free Choice Act (EFCA) has taken another step towards becoming law after it was introduced to Congress on March 10. The main provisions of this legislation include:

  • Elimination of the secret ballot election process.  The EFCA requires the National Labor Relations Board to certify a union after a majority of your workers sign a union authorization card, putting an end to almost all secret ballot elections.

  • Mandatory mediation and arbitration   The EFCA requires employers and newly certified unions to enter into mandatory mediation if no contract agreement is reached within 90 days of the  beginning of negotiations and binding arbitration if no agreement is reached within 30 days of the mediation.

  • Increased employer penalties.  The EFCA would dramatically increase the penalties for unfair labor practices committed by employers, but not unions, during an organizing campaign.

We encourage you to use the NAM's web-based EFCA toolkit to discuss the impact of EFCA and share their Contact Congess tool with employees to help them directly weigh in with their legislators.  These efforts are particularly important now as the legislation has been introduced in Congress and union members are visiting members on the Hill this week to plead their case for why they feel passage of the EFCA is necessary.  Please continue to contact your Members of Congress on this issue, especially those in the priority states of Arkansas, Colorado, Delaware, Indiana, Louisiana, Nebraska, North Carolina, Pennsylvania and Virginia.

To assist in our efforts to ensure that Members of Congress receive these messages, please send a copy of your letters to the NAM at [email protected].


View other Alerts & Reminders