Employee Free Choice Act (EFCA): More Than Just a Misleading Name

The EFCA, as originally proposed, will make the most sweeping changes to the National Labor Relations Act in its 73-year history. The NLRA has been grounded on the principle that employees have an opportunity to vote, in a secret ballot election, on whether they desire union representation. If it becomes law, the EFCA will require the NLRB to certify a union as the employees’ bargaining representative based upon a card check.

Another EFCA provision provides that if the parties have not agreed upon a labor contract within 120 days, an arbitration board may determine both the non economic and economic provisions of the agreement. This will dramatically alter the “balance of power” at the bargaining table and likely saddle employers with non-economic clauses, determined by someone else, that dramatically impact an employer’s ability to manage its business.

EFCA is a top priority on organized labor's legislative agenda. The election of a Democratic Congress virtually assures the passage of EFCA, in some form, in the next Congress; and Sen. Barack Obama, who supported EFCA in the Senate, has said he will sign the bill if elected President.

We’ve put together a panel of experts to address these issues and others:

• Robert Battista, Esq., (former Chairman, NLRB) Shareholder, Littler Mendelson, Washington, D.C.
• James M.L. Ferber, Esq., Shareholder and Co-Chair Traditional Labor Law Group, Littler Mendelson, Columbus, OH
• Wendy Medura Krincek, Esq., Managing Shareholder, Littler Mendelson, Las Vegas
• Paul A. Ades, Esq., General Counsel for Labor & Employment, MGM Mirage

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

We will request CLE and SPHR credit.

Questions? Please contact Kimberli Swineford at kswineford@littler.com or (702) 862-8800.