We Know About EFCA; What About NLRB?


If you haven’t followed the developments around the Employee Free Choice Act (the Chamber and Indiana Manufacturers Association detailed the challenges in this recent letter), you should. Even more troubling for employers and employees than the quick and easy route to union certification is the binding arbitration provision that would have disputed union contract negotiations being decided by a third party.

But, as is often the case, the regulatory changes on the way could be even more onerous. President Obama is expected to appoint three members — two Democrats and one Republican — to the National Labor Relations Board. The Dems will have the majority and are expected to:

  • Revise earlier policy decisions
  • Change the definition of "employee" to enhance the union-joining process
  • Expand union communications in the workplace
  • Institute a waiting period to decertify a union

Union leaders see now as the time to boost their sagging influence. That would be good if most employees actually benefitted from such a move.

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