Speculation continues to spiral in just about every direction about the likelihood that “EFCA” will come to pass, either as legislation or as regulatory changes via the National Labor Relations Board. On the legislative side, Senator McCaskill (D – MO) summed up the legislative school of thought: “I don’t think that card-check is going to come up,” referencing the current session of Congress. However, as we have mentioned before, various elements of the original Employee Free Choice Act could find their way piecemeal into other seemingly unrelated bills, as Congress has been wont to do.
On the regulatory side, some of the warnings of NLRB “enactment” of various EFCA provisions are already manifesting, including the increasing of penalties for “violations” of labor laws as seen in the example of this
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