What is the Employee Free Choice Act (EFCA)?

The Employee Free Choice Act (EFCA) is a federal law that was first introduced in the United States Congress in 2007, aimed at making it easier for workers to unionize by changing the process for how employees decide to join a union. The Act would require companies to recognize a union if a majority of employees sign a card that indicates they want to unionize. This is known as “card check”. The primary benefit of the Employee Free Choice Act is that it takes the decision-making power away from the employer. Previously, employers had significant influence over the process of organizing and could delay or even block the process, by forcing workers to vote in favor of or against unionization. By allowing employees to simply indicate their support for a union by signing a card, workers can make their own decision about unionization without having to go through the cumbersome and often-biased process of a secret-ballot election. The Act would also impose stiff penalties on employers who illegally interfere with employees’ efforts to organize. It would establish the right for workers to negotiate for a first contract with employers, and would create an arbitration system for unresolved disputes between employers and employees. Unfortunately, the Act has yet to become law in Washington State and has been held up in Congress. The Act’s supporters argue that it will help to ensure that workers have a level playing field when it comes to negotiating for better wages and benefits. Opponents, on the other hand, argue that it will unfairly put employers at a disadvantage and lead to a decrease in wages.

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