Controversial Employee Free Choice Act Filed Again in Congress

April 2009
Michael J. Murray, Esq.

The controversial Employee Free Choice Act (the “Act”) has once again been filed in Congress. During the week of March 10, 2009, Democrats filed the Bill in both Houses of Congress.

Passage of the Act would dramatically change the way unions are certified. Under the Act, a majority of employees could form a union by signing card check petitions. Although the Act would still allow employees to choose a secret ballot certification election, employers would no longer be able to dispute a card check process by requiring a secret ballot election if a majority of the employees sign the card check petition. Secret ballot elections are currently required by the NLRA to prevent unions and employers from unduly influencing employees through fraud, coercion or other inappropriate tactics.

The Act would also empower federal arbitration boards to impose terms and/or labor contracts on an employer if the employer fails to reach agreement with a union within 120 days of the union’s formation. Not surprisingly, organized labor is the Act’s strongest and most vocal supporter. Unions are devoting significant resources in support of the Act.

The Act was previously filed in Congress in 2007. Although it passed overwhelmingly in the House of Representatives, the Act failed to get the necessary number of votes in the Senate to bring the Act to a full vote on the Senate floor. The Act received only 51 of the 60 filibuster proof votes needed to pass the Act into law.

During his campaign, President Obama supported the passage of the Act but has sent mixed signals since his election. In a newspaper interview shortly after the election, the President indicated that a push on the legislation was not one of his administration’s top priorities given the current economic climate. The President, however, in a recent videotaped statement to union leaders, indicated that “we will pass the Employee Free Choice Act.”

To counter the Democrats, the Republicans have filed a Bill entitled “The Secret Ballot Protection Act” in both houses of Congress which guarantees employees the right to a secret ballot election. The United States Chamber of Commerce has made opposition of the Employee Free Choice Act one of its top legislative priorities. A Senior Vice President of the U.S. Chamber has stated that the fight over the Employee Free Choice Act will be “Armageddon.”

On March 24, 2009, Senator Arlen Specter, the only Republican Senator who did not vote against the Act in 2007, announced that he would not support the Act again. Senator Specter’s support of the Bill was essential to the Democrats as he was the crucial 60th vote needed to prevent a filibuster of the Act in the Senate. His announcement is seen as a substantial setback to the Act’s passage.

Now that the Employee Free Choice Act has been filed in Congress, it will be referred to Committee for review and hearings. A battle over the Bill is expected to last several months. A vote on the Act is expected to be close. A few votes either way is likely to determine the Act’s fate.

We will continue to bring you updates on the Employee Free Choice Act’s progress in Congress.

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Client Alerts Articles Press Releases	Controversial Employee Free Choice Act Filed Again in Congress April 2009 Michael J. Murray, Esq. The controversial Employee Free Choice Act (the “Act”) has once again been filed in Congress. During the week of March 10, 2009, Democrats filed the Bill in both Houses of Congress. Passage of the Act would dramatically change the way unions are certified. Under the Act, a majority of employees could form a union by signing card check petitions. Although the Act would still allow employees to choose a secret ballot certification election, employers would no longer be able to dispute a card check process by requiring a secret ballot election if a majority of the employees sign the card check petition. Secret ballot elections are currently required by the NLRA to prevent unions and employers from unduly influencing employees through fraud, coercion or other inappropriate tactics. The Act would also empower federal arbitration boards to impose terms and/or labor contracts on an employer if the employer fails to reach agreement with a union within 120 days of the union’s formation. Not surprisingly, organized labor is the Act’s strongest and most vocal supporter. Unions are devoting significant resources in support of the Act. The Act was previously filed in Congress in 2007. Although it passed overwhelmingly in the House of Representatives, the Act failed to get the necessary number of votes in the Senate to bring the Act to a full vote on the Senate floor. The Act received only 51 of the 60 filibuster proof votes needed to pass the Act into law. During his campaign, President Obama supported the passage of the Act but has sent mixed signals since his election. In a newspaper interview shortly after the election, the President indicated that a push on the legislation was not one of his administration’s top priorities given the current economic climate. The President, however, in a recent videotaped statement to union leaders, indicated that “we will pass the Employee Free Choice Act.” To counter the Democrats, the Republicans have filed a Bill entitled “The Secret Ballot Protection Act” in both houses of Congress which guarantees employees the right to a secret ballot election. The United States Chamber of Commerce has made opposition of the Employee Free Choice Act one of its top legislative priorities. A Senior Vice President of the U.S. Chamber has stated that the fight over the Employee Free Choice Act will be “Armageddon.” On March 24, 2009, Senator Arlen Specter, the only Republican Senator who did not vote against the Act in 2007, announced that he would not support the Act again. Senator Specter’s support of the Bill was essential to the Democrats as he was the crucial 60th vote needed to prevent a filibuster of the Act in the Senate. His announcement is seen as a substantial setback to the Act’s passage. Now that the Employee Free Choice Act has been filed in Congress, it will be referred to Committee for review and hearings. A battle over the Bill is expected to last several months. A vote on the Act is expected to be close. A few votes either way is likely to determine the Act’s fate. We will continue to bring you updates on the Employee Free Choice Act’s progress in Congress.	Email page Print
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Controversial Employee Free Choice Act Filed Again in Congress

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