- EFCA would eliminate the secret ballot election that is normally required for your employees to select a union, and replace it with a much less formal “card check” process that is controlled by the union and is secretive, selective, and susceptible to abuse and coercion.
- Even more alarming are provisions in EFCA that would require so-called “interest arbitration” of the first contract once a union gets in. Under these provisions, if the first contract is not negotiated to conclusion between the parties within a relatively short 120-day period, the contract dispute would be referred to an arbitrator who would then determine the contract terms for a two-year period with no right of appeal.
Most of the attention has been focused on the first provision and there has been a backlash against it. Several states are even introducing legislation to preserve secret ballot elections in their states.
However, most labor negotiators that I know and have read about are more concerned with the second provision. Few first time contracts are negotiated in 6 months, much less 120 days. The failure to do so enforces an arbitrator designed contract, one that will not be in the best interest of the company.
I am playing “seer and soothesayer” and making a prediction. I predict we will see an attempt to “compromise” on the “card check” provision to make EFCA more palatable to the public while maintaining the more harmful “interest arbitration” provision.
I have written my Congressional representatives, both House and Senate, and expressed my opinion. I suggest you do the same. Guess we will have to see if President Obama is waiting to tap Joe Biden and cut in to dance with the AFL-CIO on this one. New Labor Secretary Hilda Solis has already been at the dance and has been filling in her dance card too.