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Card check dropped from Employee Free Choice Act (EFCA)
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Card check was abandoned to appease moderates
such as Senator Feinstein. AP Photo: J. Scott Applewhite
A group of Senators have been working behind closed doors on compromise amendments to the Employee Free Choice Act (EFCA) ever since moderate Democrats pledged to vote against the “card check” provisions in the legislation. Word has leaked out that the chief sponsors of the bill have agreed to drop the card check provisions in order to gain enough votes to overcome an expected filibuster.
Card check would have effectively scrapped the current system of secret ballot elections to determine whether employees wished to be unionized. The original version of the EFCA provided employees would become unionized if a majority signed union authorization cards. It has been clear for some time that card check was not going to make it through the Senate due to strong opposition from business groups and weak support from voters.
In order to placate Labor, provisions requiring quick elections (5 to 10 days versus the current 42) and giving unions the right to access the workplace to meet with employees will probably be included in a revised EFCA. There is also the possibility that the new version will restrict employers holding mandatory meetings regarding unionization. Combined with the provisions on contract arbitration and enhanced penalties for violations that remain from the original version, EFCA sans card check would still result in a huge increase in union organizing if enacted.
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