“The big bang theory ofreform is behind us,” said Michael Lotito, an employment law attorney at Jackson Lewis in San Francisco. Meaning: In its current form, the controversial Employee Free Choice Act (EFCA) won’t pass. EFCA threatened to eliminate secret ballot elections and impose other pro-employee changes to union organizing.
But it’s not all good news. The five-member National Labor Relations Board (NLRB) “has changed dramatically” with the addition of three new members named by President Obama. “This board is going to do different things.… They’re looking to make pro-employee changes,” said Lotito. “When you go to this labor board, you have to assume your company will lose.”