Why “Card Check” Has Not Completely Checked Out
By Carl Rizzo Partner, Cole, Schotz, Meisel, Forman & Leonard, P.A. | December 19, 2010
Co-authored by Michael Yellin, Associate, Cole, Schotz, Meisel, Forman & Leonard, P.A.
The Continued Viability and Implications of the Employee Free Choice Act
For the hotel industry, few if any of the hot-button political issues that have dominated the talk show circuit have the potential to cause as immediate an impact on the industry as the Employee Free Choice Act ("EFCA"), the most notable provision of which is "card check." Indeed, it is important for any industry executive to understand the implications of the EFCA, as it most certainly will remain a part of the political debate in this country for years to come.
In summary, the EFCA, as considered by Congress thus far, would make three key amendments to the National Labor Relations Act:
1. Card Check Provision
The most hotly-debated provision of the EFCA is known as the "card check" provision. Card check provides that if more than 50% of a company's employees sign authorization cards requesting representation by a particular union, the National Labor Relations Board ("NLRB") will certify that union as the employee's exclusive representative. Following such certification, management must recognize that union for the purposes of collective bargaining with the employees.