Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

The Employee Free Choice Act (EFCA), reintroduced in the House of Representatives on February 5, 2007, passed the House and completed its first round of Senate hearings.

EFCA has a provision for binding arbitration that will change the collective bargaining process.  Parties have 120 days to reach all terms in a first agreement.  If there is no agreement, an arbitrator then has authority to determine all the terms of a collective bargaining agreement, binding the parties for two (2) years, on terms relating to:  work hours, management rights, work schedules.  

The legislation lacks guidance on procedural issues in conducting card check and interest arbitration proceedings. This absence of guidance may cause confusion and litigation.  There are questions relating to:  what rules govern union organizers who solicit authorization cards, how long authorization cards are valid.