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Hoping alterations to EFCA will help secure the 60 necessary votes in the Senate, the following proposals are being considered:
  • Union Access: Unions would be allowed increased access to employees on company time and premises. 
  • Mail-in Voting: Workers would return their ballots by mail.  Unions are able to visit employees' homes, and therefore, could use this proposal to their advantage.
  • Quickie Elections: The time frame between filing a petition and holding an election would be shortened.  Employers would have less time to discuss unionization with employees.
  • Two-sided Card: An employee could indicate whether he or she wanted a union through a secret ballot election or the "card check" process.  This proposal does not take into account the workers that are opposed to a union in their workplace.   
  • Baseball-style Arbitration: In baseball contract disputes, the parties are motivated to submit their "best offers" as the arbitrator will select one or the other.  However, the element of "choice" still exists - both parties must agree to arbitration through a contract.  This proposal would follow a similar arbitration method, but the process would be forced on the parties, not agreed to by choice. 
Each of these proposals would leave employers at a disadvantage.  EFCA, with or without compromises, is bad for business - especially during these challenging economic times.  If you have not done so already, please click here to participate in Rochester Business Alliance's e-advocacy campaign opposing EFCA.  A May 19 L.A. Times article describes the success of recent business efforts to defeat EFCA.  However, as evidenced above, the battle is far from over.  For more information on EFCA, please contact Chris Wiest.


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