Mark Kleiman writes that EFCA will still be a very strong bill for labor:
The legislation no longer has “card check” (automatic unionization once 50% of the workers have signed a pro-union petition) but it has two other provisions that, between them, do almost the same thing: snap elections and real enforcement of NLRB rules against union-busting.
And it has the provision that’s more important than any of that: binding arbitration on a first contract if the two sides can’t agree. Right now, companies can just refuse to make a deal, wait six months, and then run a de-certification election (using the same dirty tricks they use in the initial elections) with the argument that “This useless union you guys voted for can’t even get you a union contract.”
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