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Employee “Free Choice” Act

I just received an ominous (but informative)


from my company’s excellent outside employment lawyer (Trey Wood, of Alaniz and Schraeder), regarding the mis-named “Employee Free Choice Act“. The EFCA, as one commentor notes here, “should rightly be called the Employee No Choice Act. It will abolish NLRB elections and allow unions to certify via card check. The deal being that Unions have recently been losing a large majority of certification elections as of late. By going to card check, they eliminate the protection of anonymity provided by the secret ballot and they know which employees have not signed cards. They are thus free to pressure and intimidate them into signing. Unfortunately, if this passes, more Unions will bully themselves into existence.”

As the update notes, “With the election of Barack Obama to the White House, it is certain that the Employee Free Choice Act will become law.” The update–which takes a refreshingly pro-business stance and does not shy from accurately describing the ominous aspects of this terrible bill–summarizes the Act and provides practical suggestions employers can take to try to defend themselves from this “revolutionary legislation.” Brace yourselves–it’s gonna be a rocky ride!


Stephan Kinsella

Stephan Kinsella is an attorney in Houston, director of the Center for the Study of Innovative Freedom, and editor of Libertarian Papers.