I. Harold Koretzky is a scheduled speaker - regarding the troublesome, union-sponsored Employee “Free Choice” Act expected to be enacted by the Democratic-controlled Congress with presidential approval early in 2009 - before an executive forum in Dallas TX on February 26, 2009, and before MAPS mediation forums in New Orleans and Baton Rouge, Louisiana on March 19 and 27, 2009, respectively.
Union-sponsored Employee “Free Choice” Act (“EFCA”) is Likely To Be Enacted in 2009
New Democratic Congress expected to pass this unprecedented legislation with presidential support.
Unions desperately need new members, and contributed $450 million to Democratic candidates in the Fall 2008 elections to ensure EFCA’s passage.
* Currently, a union is certified as a bargaining representative by the National Labor Relations Board (“NLRB”) following a secret ballot election held six to seven week into a campaign during which an employer can make its case for a union-free workplace.
* With EFCA’s passage, unions will gain certification without having to face an election by signing up a bare majority of the workforce - outside the presence of management - using peer pressure, “promises” and in some cases intimidation and threats.
* After a NLRB card check, contract negotiations will begin in just ten days; if agreement is not reached within ninety days, a Federal Mediation & Conciliation Service (“FMCS”) employed mediator will be dispatched to negotiate a settlement.
* Thirty days into the FMCS-conducted mediation, the terms of a two year union contract will be entrusted to a FMCS employed arbitrator.
* EFCA’s enhanced monetary penalties for employer interference with union organizing efforts and accompanying broad injunctive relief against employers will only enhance union organizing.
* Private sector employers - regardless of size - are at risk, and need to prepare now to maintain union-free workplaces as it may be too late once this union-friendly legislation becomes law.
Our firm’s labor and employment law group has extensive experience, and can provide valuable advice to ensure that business plans - including supervisory training to recognize union activity and how to deal with it legally and effectively - are in place.
Please contact us should you wish to discuss further any concerns you may have dealing with EFCA or any other labor or employment law matter.