The Employee Free Choice Act: A Critical Analysis
The Employee Free Choice Act of 2007 (EFCA) is likely to be re-introduced in Congress in some form in the next session. If enacted, the EFCA would result in the most sweeping changes to the National Labor Relations Act (NLRA) since the original Wagner Act was passed in 1935. Organized labor has made passage of the EFCA one of its top priorities, and the election of a Democratic majority in the House and Senate, and of presumptive Democratic Presidential Nominee, Senator Barack Obama, one of the co-sponsors of the EFCA in the Senate, would virtually guarantee passage of the EFCA in some form.
This Report, while written from a management perspective, is an attempt to present a factual critique of the proposed legislation. It briefly describes the current process for certification of unions and the negotiation of collective bargaining agreements; the ways in which the EFCA, as it is now written, would change those processes; the legislative history of the EFCA and its prospects for passage; the positions taken by the presidential candidates and other organizations regarding the EFCA; the stated rationale for the EFCA and the real causes of low union representation in the United States; the lessons to be learned from similar legislation in Canada; and the potential for constitutional challenge of the EFCA if it becomes law.
To read the Littler Report, please click here.