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The Employee Free Choice Act (EFCA): A Sea Change of Interest to All Employers

Live Event
October 15, 2008
Boston, MA
Event/Organization: 
Littler Mendelson

Please join us for an important, complimentary briefing to hear a panel of experts discuss the proposed Employee Free Choice Act (EFCA), legislation that if passed, would result in the most sweeping changes to the National Labor Relations Act in its 73-year history. EFCA is important to all employers because it would fundamentally change the way unions are recognized and negotiations are conducted. 

For many decades, employees have had the opportunity to vote, in a federally supervised secret ballot election, on whether they desired union representation. EFCA would do away with the election requirement by requiring employers to recognize a union based upon a check of authorization cards signed by employees, regardless of whether the company knew the signatures were being solicited.  A company could become unionized before having had the opportunity to explain the advantages and disadvantages to its employees.

The proposed law would also fundamentally change how companies prepare for and conduct initial negotiations. If  the parties fail to reach a labor contract within 120 days, an arbitration board could determine the economic and non-economic terms of the agreement. This would dramatically alter the dynamics of collective bargaining and could saddle employers with obligations, imposed by someone else, that materially impact an employer’s ability to manage its business. The preparations and strategies used by companies in the past would need to change in a post EFCA world.

EFCA is a top priority on organized labor’s legislative agenda and has triggered considerable national interest.  The election of a Democratic Congress would virtually assure the passage of EFCA.  Senator Obama has said he would sign the bill if elected President.

All employers - traditional union targets and those that are not – would benefit from an understanding of the provisions of this proposed law and how it would result in the biggest changes in organizing and bargaining in over 70 years.

We have put together a panel of experts to explain these issues and to provide practical suggestions on what employers can do now to prepare and ensure that they are not disadvantaged by EFCA.

Robert Battista, Esq., (former Chair, NLRB) Shareholder, Littler Mendelson, Washington, D.C.
Walter C. Hunter, Esq., Shareholder, Littler Mendelson, Providence
Gregory C. Keating, Esq., Shareholder, Littler Mendelson, Boston
Anita Polli, Esq., Shareholder, Littler Mendelson, Boston
Anthony Rizzotti, Esq., Shareholder, Littler Mendelson, Boston
John Doran, Esq., Of Counsel, Littler Mendelson, Providence

Contact Kellie Nurko* at 973.848.4752 or knurko@littler.com. Please respond before October 9, 2008.

Continental Breakfast and Program Registration: 7:30 am - 8:00 am
Program: 8:00 am - 10:00 am

*Please also direct all requests for special accommodations to Kellie Nurko.

There is no charge for this program.