California Labor &
Employment Law Blog
Jun 9, 2009

What is the Latest With the EFCA?

Topics: New Laws & Legislation

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.

About CDF

For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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