Union and non-union employers would have a lot to be concerned about if the proposed federal Employee Free Choice Act is enacted, says Marr Jones & Wang partners Patrick Jones and Sarah Wang. Jones and Wang spoke to HEC members on Feb. 3.

As proposed, EFCA would largely eliminate secret ballot elections in union campaigns and require union certification based on signed authorization cards; require final and binding arbitration of first year contracts if the company and the union cannot agree within 120 days; and creates new and stronger penalties for employers including civil penalties of up to $20,000 per violation. This would make it much easier for unions to organize the workforce, Jones says.

The attorneys recommended that all employers should take action now to start educating employees on what EFCA does—take away their right to vote, how union organizers entice employees into signing cards, and that signing a card under EFCA is equivalent to voting for the union. They also recommended that companies state their feelings about the union, and train managers on how to properly communicate to employees.

HEC members who were unable to attend this program can download the handout material here (Handout 1; Handout 2) or under What’s New.