Helping You Prepare for EFCA: Our Legal Expertise and In-House HR Group.

As a result of the recent election, passage of the Employee Free Choice Act (EFCA) is a distinct possibility. EFCA would change over 70 years of labor law by doing away with secret ballot union elections. Instead, an employer would be forced to recognize and bargain with a union after receiving “authorization cards” from a majority of the employees in the bargaining unit.

The law would also impose major restrictions on bargaining for a first contract. Contractual terms would be imposed through arbitration if a contract were not reached within 120 days. This would be a major change from current law, which holds that neither party can be forced to agree to any contract provision. Additionally, EFCA would impose a penalty of up to $20,000 per violation for “willful” or “repeated” violations of the National Labor Relations Act.

One of the cornerstones of our firm’s approach to labor relations is that unionization is preventable. Now that EFCA is on the horizon and the possibility that your workforce could become unionized with no advance notice, your organization needs to enhance its union prevention strategies as soon as possible. 

Given our labor experience and the services offered by our human resources group, millisor + nobil is uniquely positioned to assist your organization in remaining union-free, despite the likely passage of EFCA. For example, our proprietary employee opinion survey will assess the likelihood of unionization at your company and identify the areas of concern for your employees. Using these survey results, we will develop a long-term strategy to help you resolve employee issues and eliminate the perceived need for a union.