EFCA & NLRMA are BAD for Business!
Calling all business owners!
(The following was published by: Ballard, Spahr, Andrews & Ingersoll LLP, on March, 18, 2009.)
“Alternatives to the proposed legislation known as the Employee Free Choice Act (EFCA) (H.R. 1409; S. 560) have started to emerge as legislators seek to reach a compromise between labor and management interests. Congressman Joe Sestak, D-Pa., recently introduced the National Labor Relations Modernization Act (NLRMA) (H.R. 1355). Unlike EFCA, the NLRMA would apply only to employers having 20 or more employees and would not eliminate the requirement for secret ballot union elections, thereby avoiding EFCA’s controversial card check provisions.
Similar to EFCA, the NLRMA sets time limits during which an employer and the union must reach a first collective bargaining agreement and mandates interest arbitration. The NLRMA periods are longer than those under EFCA. EFCA provides a 90-day initial period, whereas the NLRMA gives the parties 120 days to reach an initial agreement. If unsuccessful after 120 days, the parties may contact the Federal Mediation and Conciliation Service (FMCS) and request the appointment of an arbitration panel.
