Charles Walters and Danny Sikka Published in Hospitality Law "Prepare Now for Possibility of Employee Free Choice Act"

Charles Walters and Danny Sikka‘s article, “Prepare Now for Possibility of Employee Free Choice Act,” was published in the June 1, 2008 issue of Hospitality Law. Their article portrays the drastic changes threatened by the federal legislation known as the Employee Free Choice Act (EFCA) and suggests to employers ways to prepare.

Chuck and Danny noted that the EFCA, “first creates a mandatory process requiring an employer to recognize a union as its employees’ bargaining representative merely by the union obtaining signed authorization cards from a majority of the employees it seeks to represent.” They further noted, “EFCA replaces the collective bargaining process established by Congress more than 70 years ago with a completely new process…. Putting the ultimate power…in the hands of government appointed arbitrators through an undefined arbitration process.”

The authors suggest to employers ways to prepare for EFCA. They remarked, “employers should educate their managers and supervisors on EFCA and its potential consequences, the signs of organizing activity, and the legal dos and don’ts of organizing.” They added, “Employers should also, review, develop and/or strengthen their general ‘preventative policies’ in accordance with the National Labor Relations Act’s requirements for such policies.”

Chuck and Danny conclude, “If an employer does not have strong and lawful policies that address these issues, then it will be much easier for a union to organize.”

 

Reprinted with permission from Hospitality Law. Copyright 2008 by LRP Publications.  Palm Beach Gardens, FL 33418. All rights reserved. For details on this or other related products, visit www.shoplrp.com or call toll free 1-800-341-7874.