An alternative to the Employee Free Choice Act (the “EFCA”), which lacks the EFCA’s controversial card-check provision, was introduced in the House of Representatives by Democratic Congressman Joe Sestak. The “National Labor Relations Modernization Act” (H.R. 1355), with minor differences, mirrors the EFCA’s provisions for increased penalties for unfair labor practices as well as for supplying mediation and binding arbitration procedures to insure an initial collective bargaining agreement is reached. However, this alternative legislation does not contain the EFCA’s card-check provision, which would functionally eliminate the secret-ballot election. Instead, during the campaign leading up to a secret-ballot election, when an employer campaigns against the union by holding employee meetings, making announcements, displaying signs, or distributing literature, this bill would require the employer to give the union equal access to its employees.

Read the text of the “National Labor Relations Modernization Act.”