The Employee Free Choice Act of 2009 (EFCA)

Manhattan Institute is working on this important issue through papers, events and media appearances.


REPORT
The Employee Free Choice Act: Free Choice or No Choice for Workers, Richard Epstein, March 2009

 

ARTICLES
Card Check is still alive and deadly for workers, Jim Copland, Washington Examiner, 04-08-09
Mandatory labor arbitration, Richard A. Epstein, Washington Times, March 24, 2009 (This article is also linked on RealClearMarkets.com, 3-24-09)

PODCAST
Click here to listen to Jim Copland, the director of the Center for Legal Policy, interview Richard Epstein about the problems with the Employee Free Choice Act and how it will hurt businesses in America.

RADIO
Jim Copland on WOR's "The John Gambling Show", 3-27-09
Jim Copland on Radio America's "Dateline Washington", 3-26-09
Jim Copland on WABC's "The Curtis Sliwa Show", 3-25-09

TELEVISION
Jim Copland on Fox News "The Strategy Room", 3-27-09

OTHER RESOURCES
A CARD-CHECK Twitter scam, InstaPundit.com, 5-7-09
After Card Check, Don't Forget Binding Arbitration, Diana Furchtgott-Roth, RealClearMarkets.com, 05-07-09
Predictions of Major Job Losses Should EFCA Pass, Walter Olson, PointofLaw.com, 4-23-09
Card Check Workers Can Only Check In, Diana Furchtgott-Roth, RealClearMarkets.com, 3-12-09
Obama: Labor Friendly, or Worker Friendly?, Steve Malanga, RealClearMarkets.com, 1-14-09
Windows on the Future?, Walter Olson, City Journal, 12-18-08


The Employee Free Choice Act of 2009 (EFCA) is a bill altering American labor law that is supported by the Obama administration and the majority leaders of the U.S. Senate and House of Representatives. The bill would substantially increase penalties for so-called “unfair labor practices” and thus deter management from campaigning against the unionization of its workforce. In addition, the EFCA would significantly reshape American labor law, which has remained relatively stable since 1947, through two major substantive provisions:

  • Card check. The card-check provision of the EFCA would allow unions to form if labor organizers collected signatures from a majority of the workforce. Under current law, workers must approve unionization by a majority vote in a secret-ballot election conducted by the National Labor Relations Board.
  • Compulsory arbitration. The EFCA requires that arbitrators impose contracts on labor and management if the two sides cannot agree to terms after 120 days. The composition of arbitration panels and the scope of their powers are not specified in the bill but left up to the Federal Mediation and Conciliation Service, an arm of the Department of Labor. The contracts imposed by arbitrators would not be subject to review, judicial or otherwise, and would be binding for two years.


COMPLAINTS AGAINST BUSINESSES, UNIONS

Complaints Against Businesses, Unions

Source: RealClearMarkets.com

With employee unionizing legislation being discussed in Washington, it's worth taking a look at National Labor Relations Board complaints. Charges of unfair labor practices against both unions and businesses are filed with the NLRB and are included in the board's annual report. In the most recent year, NLRB received a total of 22,331. The above chart details how those complaints are categorized by the NLRB.

 

UNION RATES, UNEMPLOYMENT RATES

Union Rates, Unemployment Rates

Source: RealClearMarkets.com

CHART DATA

States with Lowest Unemployment Unemployment rate Unionization rate
U.S. average 8.1 % 13.8 %
LA. 5.1 % 5.6 %
N. H. 5.1 % 12.4 %
N. M. 5.1 % 11.6 %
OK. 5 % 8.3 %
Iowa 4.8 % 13.3 %
Utah 4.6 % 7.1 %
S. D. 4.4 % 6.4 %
Neb. 4.3 % 8.7 %
N.D. 4.2 % 8.2 %
WY. 3.7 % 8.9 %

Supporters of unions claim that they help to raise the standards of workers, while opponents of union-friendly legislation on the table in Washington claim that rising unionization spurs unemployment. Above are unionization rates of the states with the lowest unemployment in the country. Union statistics are from unionstats.com

 

For more information, contact Hannah Martone at 646-839-3313 or hmartone@manhattan-institute.org

 

 

 

    Home | About MI | City Journal | Experts | Publications | Books | Links | Podcasts | Video | Events | Supporting MI | Contact MI

 

Thank you for visiting us. To receive a General Information Packet, please email support@manhattan-institute.org
and include your name and address in your e-mail message.

Copyright © 2009 Manhattan Institute for Policy Research, Inc. All rights reserved.

52 Vanderbilt Avenue, New York, N.Y. 10017
phone (212) 599-7000 / fax (212) 599-3494