EFCA stands for the Employee Free Choice Act, which is a proposed amendment to the United States federal labor law aimed at facilitating the formation of labor unions. The EFCA was introduced as legislation in Congress with the intention of amending the National Labor Relations Act (NLRA), which governs labor rights and practices.
If enacted, the EFCA would introduce several key changes to the NLRA. One of the most significant changes is the provision that would enable workers to form a union through a process called majority sign-up, also known as "card check." Under this process, if a majority of employees at a workplace sign authorization forms indicating their support for forming a union, the union would be recognized without the need for a secret-ballot election. This provision aims to expedite and simplify the unionization process, giving workers an alternative to traditional secret-ballot elections.
Additionally, the EFCA would impose stricter penalties on employers found to have engaged in unfair labor practices, such as intimidation or coercion of workers seeking to unionize. It would also require arbitration when employers and newly formed unions fail to reach a collective bargaining agreement within specified time frames.
Proponents of the EFCA argue that it would enhance workers' ability to organize and bargain collectively, strengthening employee rights. On the other hand, opponents argue that the EFCA would remove employees' right to a secret-ballot election, infringing upon their freedom of choice and potentially exposing them to undue pressure from unions.
As of now, the EFCA has not been enacted into law, but it remains a debated topic in labor policy discussions and may be subject to future changes or reintroduction.
