The BNA Daily Labor Report (subscription needed) provides an interesting re-cap of a seminar held by NYU’s Center for Labor and Employment Law where Thomas Kochan (member of President-elect Obama’s transition team) asserts that the misleadingly named Employee Free Choice Act would “build quality labor-management relationships.”
Kochan said that he sees “no significant differences found between settlements reached through arbitration or through bargaining” in public sector collective bargaining. No difference? Unfortunately there will be clear difference in collective bargaining agreements negotiated in good faith in the private sector compared to the terms imposed on businesses by a Federal bureaucrat as this legislation would allow.
Andrew Kramer, an attorney at the firm of Jones Day reminds us that “that the government is not in the business of imposing terms and conditions,” under concepts held in current labor law. Unfortunately this bill would be a radical overhaul of our current legal system that does nothing to encouraging cooperation between employers and labor unions.