Ken Dolin Published in The National Law Journal
"Legislation Under Obama"

Ken Dolin's article, "Legislation Under Obama," was published in the January 5, 2009 issue of The National Law Journal. In his article, Ken discusses legislative reforms that are being considered under the Obama administration. He notes that "The recent election of Barack Obama may lead to the most significant law reform since the administration of Franklin Roosevelt." Among the legislative reforms being considered are The Employee Free Choice Act (EFCA), the Re-empowerment of Skilled Professional Employees and Construction Trade Workers Act (RESPECT Act), the Patriot Employer Act, and the repeal of the "right-to-work" provision of the National Labor Relations Act (NLRA).

The most significant new legislation is the EFCA. Ken explains that "The EFCA proposes three changes: streamlined certification for unions with no need for National Labor Relations Board (NLRB)-conducted secret-ballot elections; enhanced remedies for employer unfair labor practices; and interest arbitration for first contracts." He advises employers who wish to avoid unions to consider “optimizing” their work forces within the legal framework in order to make union organizing unattractive to their employees. He adds, “Workplace audits, management/supervisory training and employee communications are three very important steps that employers should consider taking immediately in order to make sure their actions are legal as well as effective.”