Employee Free Choice Act (EFCA) Introduced in Congress

Jason Morris

On Tuesday, March 10th, the highly controversial Employee Free Choice Act (EFCA) was introduced in both the US Senate and House of Representatives.  The bill (H.R. 1409, S. 560), which is sponsored by House Education and Labor Committee Chair Rep. George Miller (D-California) and Senator Tom Harkin (D-Iowa), would amend federal labor laws in several critical areas, significantly impacting how employers address union organizing activity.

As has been reported widely in the media, EFCA allows unions to become employees’ bargaining representatives on the basis of a “card check” process, thereby depriving employees of the right they presently have to vote in secret-ballot elections. A lesser-known, but equally important, provision of the bill mandates arbitration of initial collective bargaining agreements when the parties cannot come to agreement on their own. EFCA also provides triple back pay to employees who are the victims of employer unfair labor practices (“ULP’s”) during an organizing campaign or in the period leading up to a first contract, allows for civil fines upon employers of up to $20,000 per violation for willful and repeated ULP’s committed during the same time period, and enhances the ability of the National Labor Relations Board to obtain injunctions in federal court against employers with respect to organizing campaigns or initial contract negotiations.

Supporters of EFCA claim that the legislation would make it easier for employees to organize, which they believe would lead to greater protections for workers. Opponents argue that the bill would violate workers’ rights and cause substantial economic harm to businesses and consumers. Congress is split on EFCA, mainly along party lines — with Democrats for the most part favoring the legislation and Republicans generally opposing it. President Obama supported previous attempts to enact EFCA when he was in the Senate, and he repeatedly endorsed the legislation during last fall’s presidential campaign.

While passage of the legislation in the House is almost assured, the critical question is whether EFCA supporters have 60 votes to overcome an anticipated filibuster by opponents of the legislation. In fact, many believe that what happens to the bill may hinge upon the as-yet-unsettled Senate race in Minnesota between Republican Norm Coleman and Democrat Al Franken.


I will be in Washington DC lobbying for the background screening industry next week.  As a founding member and past co-Chairman of the National Association of Professional Background Screeners (NAPBS), you can be sure this will be discussed.  This issue is likely to be raised not because it has anything to do with background checks, but because we are all employers!

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Jason Morris

President & Chief Operating Officer at EmployeeScreenIQ
A veteran screening and risk management professional, Jason Morris founded EmployeeScreenIQ in 1999 and acts as the company’s chief operating officer and president. Morris is a frequent speaker delivering captivating, interactive discussions on background checks, global screening, recruitment and staffing. He educates audiences in best practice initiatives as they relate to organizational employment screening programs. Morris has been quoted in numerous business and industry publications including The Wall Street Journal, MSNBC.com, USA Today, New York Times, among others. He is also a licensed private investigator in the states of Ohio, Illinois, New Jersey, Texas, Arizona and Nevada.
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  • Ann King

    I am a bit confused by the goals of EFCA. I have done my reading but don’t know if I even understand all of the places to look for information. In attempting to take a system thinking view – I am having a difficult time seeing what the desired outcome is in the areas of economy, global competitiveness, equal rights and profit margins. Does it shift power away from the investor and toward the employee? Is it meant to force us away from “day trading” and the gambling type of investment that has become common place and move us toward a longer view of work AND investments? Will it accomplish these things?


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