What is the Latest With the EFCA?
With a variety of Democrats publically coming out over the last two months and stating that they will not support the current version of the Employee Free Choice Act (which includes both card check and mandatory interest arbitration provisions), it is fairly clear that the current EFCA bill, introduced in both houses on March 10 (S. 560 and H.R. 1409), will not pass. Various legislators are now considering introducing a compromise bill that would likely contain some concessions to the Democratic legislators that are not eager to support card check recognition and mandatory interest arbitration of the initial labor contract in this difficult business environment.
Senators Tom Harkin and Arlen Spector seem to be leading the charge in trying to settle on a compromise bill. The specific details of what such a bill would actually contain remain a mystery, as the negotiations have not been made public. However, it is expected that any compromise bill is likely to:
a) eliminate card check procedures, or only allow card check recognition only if a supermajority of bargaining agent employees signed card as opposed to the strict majority rule in the current bills; and/or
b) eliminate interest arbitration for the first contract or modify the interest arbitration procedures to give the parties more time and discretion to reach a first contract through the collective bargaining/negotiation process.
As Congress continues to debate and negotiate the next steps for EFCA, we will continue to keep you updated.
If you wish to review a recent article from the Wall Street Journal discussing the mandatory interest arbitration provisions of the bill, please click here.