During the last presidential campaign, then-candidate Barack Obama proudly told audiences, “We need to strengthen our unions by letting them do what they do best—organize our workers … That's why I am fighting to pass the Employee Free Choice Act (EFCA)…We'll make it the law of the land when I'm president.” When Democrats took the White House and held onto Congress in November 2008, Obama’s promise seemed all but certain. However, EFCA, also known as “card check,” met with quick and persistent resistance from both sides of the aisle. The passage of EFCA, which at one time seemed inevitable, stalled and the bill languished in committee for the remainder of the 111th Congress.
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The National Labor Relations Board (NLRB) in August issued two decisions that hurt employees’ rights by inhibiting their ability to petition for a secret-ballot election after an employer recognizes a union as a monopoly bargaining agent and by creating a new standard for a bargaining unit.
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The National Labor Relations Board (NLRB) June 22 issued a notice of proposed rulemaking that would overhaul the procedures surrounding a secret ballot election in a union organizing campaign, potentially reducing the amount of time between when a petition is filed and elections take place from approximately 40 days to as few as 10 days. The reduction in time before an election could significantly impede an employer’s ability to educate its employees about the pros and cons of union representation.
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