Is the Employee Free Choice Act Unconstitutional?
According to an opinion piece in the Wall Street Journal last month, it is. Professor Richard A. Epstein, a well respected University of Chicago law professor, argues that even if the Employee Free Choice Act is enacted this spring, it should be struck down by the United States Supreme Court as being a violation of the United States Constitution. More specifically, Professor Epstein opines that (a) the elimination of the secret ballot election is a violation of the First Amendment and that (b) the Fifth Amendment is violated by the mandatory interest arbitration provisions of the Act.
There is no question that if the EFCA is enacted it will have an immediate major impact on union organizing and will shift the balance of power from employers to unions. In fact, virtually all on the employers' side of the line feel that the Act would be an overreaction and shift the balance much more than is necessary, creating a whole set of new problems. The other thing that is not in doubt is that if the EFCA is enacted, employers' groups will deploy any and all weapons to try to fight it, including constitutional challenges.
To read the complete WSJ article by Professor Epstein, click here.
As a reminder, we will be hosting workshops on EFCA in all of our California offices during the week of February 2-6, 2009. If you are interested in attending one of these workshops, click here for our more detailed brochure and the registration form.