Card Check, the Continuing Possibility of Congressional Action

By March 6, 2010Labor Unions

From the EFCA Labor Law and Reform Blog published by Jackson Lewis LLP, reporting on the American Bar Association’s winter meeting last week in Puerto Rico and the AFL-CIO Executive Council’s meeting in Orlando.

Fred Feinstein, former General Counsel of the National Labor Relations Board, spoke at the Bar Association meeting.  He thinks EFCA in a compromised form is still a possibility.  Card check is gone but mandatory arbitration and increased penalties might remain, along with expedited elections.

Mr. Feinstein attributed the delay for passage of EFCA to more pressing items, such as health care, having to take priority.  Since the health care legislation appears to be coming to a climax, it seems that the “health care” rationale for delaying an EFCA vote will no longer justify inaction. EFCA, at least in some form, will have to be brought up for a vote or buried.

Labor certainly hasn’t given up on its campaign to use federal government to restructure the U.S. economy. Here’s just one more example, a hearing Wednesday by a House Education and Labor Committee subcommittee on H.R. 413, Public Safety Employer-Employee Cooperation Act of 2009, designed to force states into collective bargaining with public safety unions.


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