Shelving of controversial ‘card check’ provision doesn’t mean union-friendly EFCA bill is dead

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in Employment Law,Human Resources

Heavy criticism of the so-called “card check” has led supporters to step back from that most controversial piece of the Employee Free Choice Act (EFCA). That provision would require employers to recognize unions after a majority of workers signed cards, rather than after a secret-ballot election.

But you can still expect passage of some version of EFCA that could, among other things, speed up union elections, impose stiffer penalties on labor violations and allow workers to campaign at the work site without retaliation. Last month’s seating of Sen. Al Franken (D-Minn.) as the 60th Democrat in the Senate further increases the chance for passage.

Editor’s note:
We’ll host a webinar to discuss EFCA and the current labor environment on Thursday, Aug. 27, from 1 to 2:15 p.m. ET. Register at

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