Legislation & Rules

Employee Free Choice Act (EFCA), H.R. 1409 and S 560 Introduced by both the House and Senate on March 10, 2009, this legislation would amend federal labor laws in several critical areas, significantly impacting how employers respond to union organizing activity.  The bill would allow workers to form a union through majority sign-up by the use of a “card check” procedure.  Also, it would mandate a binding arbitration process if a contract is not agreed to within 120 days of union recognition.  Included in the legislation are tougher sanctions against employers if they are found to be in violation of the National Labor Relations Act. 

H.R. 1409 was introduced by Rep. George Miller (CA-7).

S 560 was introduced by Sen. Edward Kennedy (D-MA).

Updates, Comments & Other Reports

August 2009 Senator Tom Harkin (D-IA), the lead Senate advocate for the Employee Free Choice Act has reportedly agreed to eliminate the “card check” provision from the bill.  By dropping the card check provision, Democrats hope to gain the support of the more conservative lawmakers in the party and lock in the 60 votes required to overcome a Republican filibuster.  Senate debate on the legislation likely won’t occur until the fall.

July 2009 The Board of International Brotherhood of Teamsters recently announced a campaign to recruit 1,000 union activists and arm them with knowledge and understanding of Teamster organizing.  There are at least 19 “Organizer Bootcamps” planned during 2009.  Programs in New York and Michigan have already occurred, and programs are scheduled in North Carolina, Wisconsin, Washington and Illinois during August.

June 2009 ILTA’s 29^th Annual International Operating Conference in Houston featured a one-hour session on the Employee Free Choice Act, presented by Donald Cope, an employment and labor relations attorney located in Sacramento, CA. Mr. Cope’s presentation, The Reality of “Card Check” Union Organizing: Is Your Company Prepared, outlined the key provisions of EFCA and the union organization process.  Click here to view the presentation.

April 2009 Passage of EFCA in the House is almost assured.  However, in the Senate, Democrats don’t have the 60 votes necessary to move the bill forward.  President and the new Secretary of Labor, Hilda Solis, are strong supporters of the legislation.

Related Articles

ILTA provides a monthly newsletter to its membership. Members may log in to the Member Resources page to access archived newsletters. The following is a list of articles ILTA has published in its newsletter relating to the Employee Free Choice Act.

• Terminals Should Prepare Now for Pro-Union Legislation, August 2009 Issue (p.5)

• Card Check Provision May be Dropped from EFCA, August 2009 Issue (p.1)

• ‘Card Check’ Legislation Introduced, April 2009 Issue (p.1)