H.R. 1409, S. 560: Employee Free Choice Act of 2009
Introduced March 10, 2009
Sponsors Rep. George Miller, Sen. Edward M. Kennedy
Summary
The Employee Free Choice Act of 2009 (the “EFCA”) introduced in both the House of Representatives and the Senate on March 20, 2009 would amend the National Labor Relations Act (“NLRA”) to make it significantly easier for unions to organize employees, to require binding arbitration of first contracts, and to stiffen penalties for certain unfair labor practices. The EFCA’s so-called “card-check provision” would functionally eliminate the secret ballot election by providing for certification of a union as the bargaining representative if the National Labor Relations Board finds that a majority of employees in an appropriate unit has signed authorization cards. The bill’s mediation and arbitration provision would allow the employer or union, when unable to reach an agreement in bargaining for the union’s first contract, to refer the dispute to mediation after 90 days, and after 30 days of mediation, to subject the dispute to binding arbitration. The EFCA also provides for stronger penalties for NLRA violations while employees are attempting to organize or obtain a first contract, including mandatory applications for injunctions, treble back pay, and civil penalties of up to $20,000 for each willful or repeated violation.
Current Status: The bill has been referred to the House Committee on Education and Labor, and to the Senate Committee on Health, Education, Labor, and Pensions.