Kilpatrick Stockton's Richard Hankins and Seth Borden were featured in yesterday's Employment Law 360 Guest Column. The piece describes why "The Employee Free Choice Act's Remedial Changes" are unnecessary:

To date, the card-check provisions of the proposed Employee Free Choice Act (EFCA) have dominated the debate over this misguided legislative proposal.

The bill’s mandatory interest arbitration provisions are now beginning to attract more attention as people begin to recognize the threat to American competitiveness posed by government-appointed arbitrators setting wages, benefit levels, work rules and other terms and conditions for private industry.

But very little attention has been paid to Section 4 of the Act which significantly increases legal and financial penalties -- against employers only -- for conduct occurring during organizing drives and first contract negotiations. Section 4 of the Act would change the remedial structure of the NLRA in at least three significant ways...

You can read the rest with a 360 subscription here, or without one here on EFCA Updates.