ATLANTA, Nov. 5, 2008 (GLOBE NEWSWIRE) -- With yesterday's historic election, labor law is expected to be turned upside down. As the Democrats will control the House of Representatives, the Senate, and the White House, attorneys from national labor and employment law firm Constangy, Brooks & Smith, LLP, have observed that organized labor's response to the election has been one of celebration and victory for union members and their anticipation for the growth of unions at large.
According to the labor and employment law firm, this same shift in power has been the source of increased concern in the national business community, especially in regard to a piece of legislation called the Employees Free Choice Act (EFCA).
According to Constangy's national co-chair of labor relations and the Labor Relations Institute's "Top 100 Labor Attorney" Cliff Nelson, "this singular piece of legislation could radically change the employer-employee relationship in ways unseen since the formation of the National Labor Relations Act in 1935."
President-elect Barrack Obama has voiced his strong support for the EFCA, as have the Speaker of the House and the Senate Majority Leader. Due to the President-elect's and Congressional leadership support for EFCA, Constangy labor attorneys predict that it is very likely that the legislation could be passed in early months to come.
Supporters of EFCA claim that the legislation is the "magic bullet" to protect workers' rights to unionize while its critics raise concerns over the means to encourage such union participation, such as the omission of the private secret ballot.
"EFCA currently proposes that workers would effectively lose their right to a private secret ballot vote when deciding whether to join a union," said Nelson. "Furthermore, if a majority of employees sign union authorization cards, EFCA requires employers to bargain a union, with no notice of an ongoing union campaign."
According to Nelson, EFCA would require arbitration of a first contract if the company and the union are unable to reach agreement within 120 days. In such cases, a labor agreement imposed by the arbitrator would bind the parties for two years.
In an economic downturn, the passage of EFCA could mean more bad news for American businesses and a major shift in the balance of power in the employer-employee relations for years to come.
To request expert commentary from a Constangy labor attorney or for more information regarding EFCA, please contact Elizabeth Neeland at eneeland@constangy.com or 404-230-6724.
About Constangy, Brooks & Smith, LLP:
Constangy, Brooks & Smith, LLP has counseled employers on labor and employment law matters, exclusively, since 1946. A "Go To" Law Firm in Corporate Counsel and Fortune Magazine, it represents Fortune 500 corporations and small companies across the country. Offices are located in Georgia, Florida, South Carolina, North Carolina, Tennessee, Alabama, Virginia, Missouri, Illinois, Wisconsin, Texas and California. For more information, visit www.constangy.com.