On March 10, 2009, the Employee Free Choice Act (“EFCA”) was introduced in both houses of Congress. The bill is supported by President Obama, who has stated that he will sign it when it reaches his desk.
It is well known that this legislation would replace secret ballot elections in determining whether employees will be represented by a union. Instead of employees voting, a union could gain the right to represent employees simply by presenting cards signed by a majority of the employees in the bargaining unit. No secret ballot would necessarily be involved. That is called “card check” recognition.
It is interesting to note that on February 25, 2009, a bill entitled the “Secret Ballot Protection Act” was introduced into the house as a counterpart and pre-emptive strike against the EFCA. No action has been taken on that bill.
We will keep you advised of further developments, both with respect to the EFCA, the RESPECT Act and other new orders, laws and legislation related to labor and employment.