EFCA Stalled but Still Alive

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Floriculture Legislative Issues

Employee Free Choice Act

Floral Industry Legislative Issues - Employee Free Choice Act

Passage of the Employee Free Choice Act (EFCA) is a near certainty in the House, but the real battle will be in the Senate. All 40 Republican senators are opposed to EFCA, meaning that the remaining 60 senators would need to vote to cut off debate and move toward a final vote.

It's pretty clear now that some type of compromise version of the bill will be considered in the Senate. At this point, no one expects the bill in its current form to reach President Obama's desk.

What's a compromise look like? No one knows for sure, but here's what we're hearing:

The secret ballot requirement is likely to be retained, but some proponents are proposing an expedited election format. Among the ideas is one to require an election be held with in 10 days of the filing of signed authorization cards from a majority of employees.

Another proposal, called "postcard check," would allow employees to mail their authorization cards directly to the National Labor Relations Board thereby eliminating the potential for intimidation by either management or labor.

Some proposals center around giving organizers more access to the workplace. One proposal would require employers to give unions equal opportunity to make announcements, display signs and distribute literature in the workplace.

So far, none of these proposals has gained much traction, and the Senate still has not announced any timeframe for when EFCA will be considered.

And as the year moves on, some members of Congress will begin thinking about the 2010 elections, and labor will be looking at who does and does not support EFCA. For those lawmakers looking to vote for a pro-labor bill, some type of compromise will be attractive.

SAF supports an employee's right to a secret ballot election and opposes EFCA because of government mandated binding arbitration that would increase costs and straightjacket employers with wage levels and working conditions that will make them uncompetitive. buck_photo