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Update on the Employee Free Choice Act

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March 6, 2009

Our latest information indicates that the Employee Free Choice Act ("EFCA") may be introduced in both the House and the Senate as early as next week, on either March 9 or March 10, 2009. With anticipated support in the Senate hovering right at 60 votes (which would be enough to end any minority attempt to filibuster), and support in the House from a wide majority, the prospects for passage of EFCA in the near future appears to be very high.

Long expected to be a centerpiece of the Obama administration's labor agenda, EFCA would require the National Labor Relations Board to certify a union after a majority of a company’s employees sign union authorization cards. EFCA would effectively end the current secret-ballot union election process, and also would impose mandatory interest arbitration if the employer and union fail to agree on a new contract within 90 days of the union’s certification -- thus allowing an arbitrator to set the terms of the labor contract.

The anticipated introduction of this legislation underscores the urgent need for private employers to educate themselves about EFCA and devise strategies for dealing with the new reality of union organizing in the era of card check recognition. Attorneys at Franczek Radelet have been extremely active in providing EFCA training and strategy preparation to clients and employer groups all over the country. If you have not already done so, we strongly encourage you to contact your Franczek Radelet attorney very soon to discuss preparations you should consider relating to this revolutionary new law.

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