Employee Free Choice Act (a.k.a "card check")

The labor-backed Employee Free Choice Act or EFCA (a.k.a. "card-check") aims to significantly change the way unions organize workers in the U.S., by eliminating requirements for secret ballot elections, and including provisions that would expedite the collective bargaining process and increase employer penalties for violations during the union recognition process. Business groups vigorously oppose the legislation.

The EFCA was already on life-support due to opposition from several moderate Senate Democrats, and Republican gains in the 2010 midterm elections mean it has no chance of survival during the 112th Congress. That said, the highly-divisive legislation has surfaced several times in recent years, meaning it may not be the last we see of it. In the meantime, unions are expected to shift their strategy away from legislative action toward rulemaking and decisions from the Democratic-controlled National Labor Relations Board. SMART will continue to monitor and inform SMART members of opportunities to weigh-in when appropriate.