After much speculation, the Employee Free Choice Act of 2009 (EFCA) was introduced in both houses of Congress on March 10.
The new bills introduced in both the House of Representatives and the Senate are identical to last year’s bill, which passed the House but was stopped in the Senate by a filibuster.
Both versions of the new legislation still contain:
The “card check” provision for union representation when 50% plus one of the employees in an appropriate bargaining unit sign union authorization cards.
Compulsory first contract, mandating a first contract by requiring that where the parties have failed to reach agreement after 120 days of collective bargaining and mediation, a federally-appointed arbitrator will be selected to write the terms and conditions of employment binding the union and the employer for two years.
Three new penalties for employer unfair labor practices during the period of union organizing and bargaining for an initial contract: (1) liquidated damages equivalent to triple back pay for employees terminated in violation of the National Labor Relations Act ; (2) fines of $20,000 for each unfair labor practice; and (3) mandatory injunction proceedings for campaign-related unfair labor practices.
Where’s it headed?
What happens next? Senate Majority Leader Harry Reid has said that the Senate will not act on the legislation until this summer.
Senate action would require 60 votes to invoke cloture on a filibuster to take the bill to the Floor for a vote on final passage. There’s been some back-and-forth by senators who voted for cloture last time the bill came up, so at this point no one really knows how a vote might turn out. Some senators and the AFL-CIO have said they expect some changes to the original bill before a cloture vote is taken.
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