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The Election Results Are In – What Are the Implications For EFCA?

The results are in for the off-year elections, and they may provide insight into the future of the Employee Free Choice Act (“EFCA”). The GOP was victorious in the governor elections in New Jersey and Virginia, while the Democrats gained a win in the special congressional election in the 23rd District of New York. Independent Michael Bloomberg maintained his seat as Mayor of New York and Democrats maintained their seat in California’s 10th Congressional District. 

Independent voters may be a key to whether EFCA becomes reality, opposing the Act by a 73%-11% margin. Both Chris Christie, the elected governor of New Jersey, and Bob McDonnell, the elected governor of Virginia, were highly popular with independent voters. Christie strongly defeated opponent Jon Corzine among independent voters, 60% to 30%. Similarly, McDonnell led his opponent, Creigh Deeds, in independent voters 66% to 33%.  

While the New Jersey and New York elections were close races, McDonnell was decisively elected governor of Virginia over Deeds. While a myriad of issues play into any election result, 46% of Virginia voters said the economy and jobs were their number one voting issue, and debate has emerged regarding the role McDonnell’s stance on EFCA played in those results.

While as governor of Virginia McDonnell will have no direct impact on EFCA’s passage, McDonnell spoke often on the campaign trail about his opposition to the bill. In May, The Washington Post reported that McDonnell wanted to make card check into the issue this year. McDonnell especially opposed the “card check” measure that would require the National Labor Relations Board to certify a union after a majority of a company’s employees signed union authorization cards, effectively ending the current secret-ballot union election process, arguing that it would harm businesses and prevent job creation in Virginia.

Following McDonnell’s election, various interest groups have weighed in on the impact for EFCA. According to the Workforce Fairness Institute, Mr. Donnell’s position on EFCA was a key factor in convincing voters he would create more jobs that Deeds. On the other hand, American Rights at Work maintains that popular support remains for EFCA because polling shows that voters strongly support measures to strengthen the middle class.

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