There are very few people on the face of the planet who, by now, are unaware that Senator Barack Obama (D-IL) has been elected to be the 44th President of the United States of America.  Senator Obama was elected, in part, due to a massive effort by organized labor, and we can expect his agenda to reflect that. 

Business should begin preparing itself for a philosophical pendulum shift in the composition of the National Labor Relations Board when the new President fills the three existing vacancies early next year.  Likewise, expect a series of Executive Orders expanding collective-bargaining and organizing rights, at least in the public sector and among companies that do business with the federal government.  We will continue to track these issues and additional labor law developments at this blog, and our sister blog, Workplace Horizons.

But the obvious primary question being followed here at EFCA Updates is: what is to become of the Employee Free Choice Act?

President Elect Obama has repeatedly stated his support for the act, and in 2007, proclaimed:

"We will pass the Employee Free Choice Act. It's not a matter of if, it's a matter of when," said Sen. Barack Obama (D-Ill.). "We may have to wait for the next president to sign it, but we will get this thing done."

So, presuming an increased House majority passes the same bill it passed last year, the critical issue remains whether or not a Republican filibuster in the Senate defeats the bill again in 2009.  We have been tracking how close the Democrats appeared to be getting to the 60 votes needed for cloture.  As of this morning, the day after Election Day, here are some thoughts:

Democrats hold 54 seats:  Pick-ups in Colorado, New Hampshire, New Mexico, North Carolina and Virginia give the Party at least a slightly larger edge. Republicans hold at least 40 seats.

Two Independents will likely Caucus with Dems on EFCA:  Although there is some speculation that Senator Joe Lieberman (I-CT) may be further ostracized from the Democrats, it is questionable whether he might break ranks on labor issues.

Four Seats Still Questioned: 

Georgia:  It appears incumbent Sen. Saxby Chambliss (R) is in position to retain his seat.  With 99% of the precincts reporting, and absentee ballots being counted, he holds a 3-4 point lead over challenger Jim Martin (D).  Most recent tallies, however, show him at 49.8% -- while an outright majority is required to avoid a run-off.  Assuming he wins, he will be the 41st GOP vote.

Alaska:  Defying all recent polling, incumbent Sen. Ted Stevens (R) leads challenger Mark Begich by a point, with 99% of the votes counted, despite the former's conviction just two weeks ago.  Stevens is currently ahead by about 3,500 votes.  Absentee ballots there will be counted in 10 days, leaving the question somewhat open currently.

Minnesota:  The dead heat continues between incumbent Sen. Norm Coleman (R) and challenger Al Franken (DFL).  With nearly 3 million votes cast, somewhere between 600 and 725 votes separate the two candidates.  Coleman has declared himself the victor, but Franken will seek a recount as a matter of right.

Oregon:  As results seem to trickle in slowly, incumbent Gordon Smith (R) enjoys a slight margin over challenger Jeff Merkley (D).  Only 77% of the votes had been counted by earlier today, and some speculate that Merkley may yet make up room in some of the state's more liberal and populous areas still uncounted. 

In short, it appears the Democrats will have somewhere between 55 and 57 seats when the next Senate is sworn in.   Short of 60 votes alone -- but with the influence of "swing" votes like the Independents and Senator Specter (R-PA), easily enough to push EFCA and labor law reform to the front of a legislative agenda.