The Employee Free Choice Act:
Organized Labor's "Bailout" Tactic

Do you have an EFCA question?
Ask Jackson Lewis


NEW! US Chamber of Commerce Publishes EFCA Briefing Book Written by Jackson Lewis Attorneys (click to view)

The Employee Free Choice Act: Piercing the Rhetoric

This briefing book provides an analysis of the Employee Free Choice Act's three provisions: card check certification for union organizing, compulsory interest arbitration of first contracts, and increased penalties on employers. The book explains each provision and rebuts common rhetoric used by organized labor in supporting EFCA. Although the book is written for readers who are not labor lawyers, appendices include the bill text and a comparison between the National Labor Relations Act as it now reads and as EFCA would amend it, with analysis. The book concludes that no part of EFCA can be justified and that it is in the best interests if employees and employers alike if the bill is never enacted.

You may feel free to call or contact any of the authors:

Martin Payson:
   P: (914) 514-6120
   E: paysonm@jacksonlewis.com

Michael Lotito:
   P: (415) 536-6326
   E: lotitom@jacksonlewis.com

Harold R. Weinrich:
   P: (703) 483-8307
   E: WeinrichH@jacksonlewis.com


How Manufacturers View the Impact of EFCA (click to view website)


Responding to US Rhetoric: The Reality of the American Workplace – A US Chamber of Commerce White Paper (click to view pdf)


Real Faces of Card Check Intimidation

Watch video of employees in Albion, Indiana, sharing their stories of harassment and intimidation by UAW union operatives during a militant card check organizing drive.


Card Check: A Union Organizer Speaks

Watch video of Rian Wathen, Former Organizing Director for the UFCW, discussing how authorization cards are often collected.


Big Talker EFCA Debate

On Thursday April 2nd, Martin Payson and Michael Lotito debated representatives from the AFL-CIO, CWA and UFCW in an EFCA debate airing live on Philadelphia’s Big Talker 1210 AM.

Guests representing the Union side of the issue included:

Jeff Reichenbach, Sec. Treasurer, Communications Workers of America (national)
Patrick Eiding, President AFL-CIO, Philadelphia
Wendell Young, IV, President United Food & Commercial Workers, Philadelphia

Listen to First Hour | Listen to Second Hour


Get Employee-centric

Check out this blog on the EFCA, labor relations and employee communications.
Read Employee-centric.

More EFCA in the Media


Click to Enter EFCA Blog site

Pressure to reform federal Labor Law is being applied from multiple angles. The Employee Free Choice Act (EFCA), which has never enjoyed more political support, represents what would be the most significant change to federal Labor Law in more than a generation. The National Labor Relations Board, under its new Chairwoman Wilma Liebman, and with two new pro-union nominations from President Obama pending, is virtually certain to reform Labor Law itself. The stage is set and employers need up-to-the-minute information on all matters concerning Labor Law reform. The EFCA & Labor Law Reform Blog provides insight and commentary on Labor Law developments from Washington DC and around the country. Stay informed about Labor Law reform with this new Jackson Lewis blog. Enter EFCA Blog site »


Breaking News!
The Employee Free Choice Act was reintroduced in Congress on March 11, 2009 with fewer co sponsors in the Senate than it had in the last session.

Click here to read the text version of EFCA, HR 1409.


What if a union says a majority of your employees have signed union cards and insists you abide by the new EFCA law and grant recognition without an NLRB election? What would you do?

Learn how to defend your organization from these attacks. Make plans to attend:

Click for details

Click here for program and registration details.


For 50 years, Jackson Lewis has placed a premium on preventive strategies and positive solutions in the practice of workplace law.

If you have a question about EFCA, please contact the attorney with whom you work, click here to contact one of our Labor Practice Group Leaders, or contact us at efcainfo@jacksonlewis.com.



More Tools and Resources


Click here to view a video of our EFCA Webinar


Jackson Lewis is hosting free seminars for management staff and human resources professionals in each of their offices.

Click here for the EFCA Breakfast Briefing in your area.


Contact Jackson Lewis today to begin building your customized EFCA Strategy.

Watch what Sen. George McGovern, a lifelong Democrat & supporter of organized labor, had to say about the EFCA in a recent interview. Watch the video.

More Soapbox: EFCA