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Card Check

On March 10, 2009 the so called “Employee Free Choice Act” or otherwise known as “card-check” will be introduced in Congress. There is a strong belief that the Act will pass and the President has promised to sign it.

In short, the Act will permit unions to organize simply by collecting cards from 50% of employees in the proposed bargaining unit. Currently, when authorization cards from employees are collected, the employer can oppose the unionization in a variety of ways and still force secret elections before the union is recognized. This private election process permits the employee to be fully informed before they vote on unionization. According to an AFL-CIO survey, union organizers had to encourage at least 75% of the employees to vote in order to have more than a 50% chance of winning an election.

The Act will also make dramatic changes in the collective bargaining process. This is often an overlooked aspect of the legislation and will have impacts on the timing of negotiation, the reasons that the employer can use for not reaching agreement with a union and permits third parties to impose agreements.

Copyright © 2008 Fairfield and Woods, P.C., ALL RIGHTS RESERVEDNational Law Review, Volume , Number 188
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About this Author

Robert J. Loew, Fairfield and Woods, Government, labor and land use attorney

Robert J. Loew has broad experience in all aspects of government, labor, and land use. He was a Deputy with the Los Angeles City Attorneys Office and was in private practice prior to becoming the Greeley Colorado City Attorney. He then served many years as the Adams County Attorney in Colorado. Bob has extensive trial experience and has argued cases before the California and the Colorado Supreme Courts.

Bob has extensive experience in negotiating with all levels of government including City, County, State, and Federal Agencies. He has been involved in large variety of administrative...

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