Would secret ballot election through the National Labor Relations Board remain an option under EFCA?
Yes. The mechanism through which most American unions are currently certified would still be available. However, if a union secured majority support through card check, no election would be necessary. EFCA would toughen penalties against employers who break the law. How so? Employers found guilty of illegally firing an employee due to unionization activity are now required to pay back wages to the employee. Wages earned at another job during the period of discharge are subtracted from what the employer must pay. EFCA would increase that penalty to triple the lost pay and add a civil penalty of up to $20,000 per violation. How would EFCA change the timing of a “first contract” to follow unionization? The proposed law would give employers and workers 120 days to reach a contract. After 120 days, a federal arbitrator would set contract terms. Currently, there is no legally mandated first contract deadline. Some first contracts are delayed for years. In recent years, about 40 percent of su
