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EFCA's stalking horse

Critics of EFCA have concentrated most of their fire on the bill's abolition of the right to a secret ballot before installing a union. But Michael Maslanka at Texas Lawyer suggests that union and Democratic strategists may be willing to trade off card check and instead accept some less radical alteration to current election procedures, such as snap elections in which employers would have relatively little time to make their case. That would furnish cover for pushing through EFCA's other main provision, the one that hasn't gotten so much attention, which would direct the imposition of an arbitrator-written union contract if the parties failed to reach one after the initial vote. "The unions will put up a fight on the secret ballot but won't really care. ...The gem of EFCA for unions is that they always, always, always get a contract. Sweet." More: Carter @ ShopFloor.

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Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.