Local Thoughts on the Employee Free Choice Act

William W. Bowser was quoted on the Employee Free Choice Act (EFCA) in the Delaware newspaper, The News Journal, today.  Bill, a partner in the Employment Law Section at Young Conaway Stargatt and Taylor, commented on the real-world impact that the secret-ballot and interest-arbitration provisions could have if the legislation is passed.  Last week in Wilmington, Local 32BJ of the Service Employees International Union protested on behalf of employees of Optima Cleaning Systems.  The Wilmington-based company, claim AFL-CIO officials, has photographed and videotaped union activity on public property.  image

Bowser pointed out that there has been far less attention given to the interest-arbitration provision than it deserves in light of its potentially game-changing impact.

This mechanism, known as “interest arbitration,” exists in the public sector in some states, including Delaware. But in the private sector, labor and management are expected to hammer out their differences at the bargaining table.

“That is sort of a wild card in this whole thing that has never been tried here in the United States, in the private sector,” Bowser said.

There’s much more to be said on the EFCA, which was introduced to the House earlier this month.  You can read the full article from The News Journal, Business, Labor, Battle Over “Card Check”, or review some of our previous posts on the EFCA at Delaware Employment Law Blog.

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