Unions & Labor Law Reform Blog : Unions Lawyer & Attorney : Jackson Lewis Law Firm : Employee Free Choice Act, Collective Bargaining

A press release from the Republican Committee on Education and Labor, “Poll: Quebecers Want to Say ‘Adieu’ to Card Check,” discusses a recent survey finding that Quebecers are unhappy with their existing labor laws, which currently permit the certification of unions based on signed union cards.  The survey found that more than 70% of Quebecers want their laws changed so that unions could only be certified based on the results of a secret-ballot election.  What is more, 80% of respondents in the Quebec survey who were union members felt “card check” should be eliminated and replaced with a secret ballot election system.  This suggests Quebecers overwhelmingly would support existing labor laws in the United States that provide for secret-ballot union representation elections and would reject EFCA’s card check substitute. 

Marcel Boyer, senior economist at the Montreal Economic Institute (MEI) said that “Quebec needs to overhaul its legal framework in labour relations, first by making secret ballot voting mandatory when union certification is being sought.”  Mr. Boyer also said such a reform would “guarantee that workers could express their real opinion….”

It seems as if those who have card check can’t wait to get rid of it!

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Discussions with key U.S. House staffers indicate that in the wake of Senator Arlen Specter's (D-PA) AFL-CIO speech suggesting the possibility of a Senate EFCA compromise, Monday's talk of the House moving forward on the controversial bill now is merely an option if the Senate fails to act this Fall.

The consensus remains that the Senate likely will move first if a "Specter Compromise" is reached and the House would then take up the Senate-passed bill.

On Tuesday, the heavily Democratic Massachusetts Senate voted 24-16 to allow Governor Deval Patrick to name an interim U.S. Senate replacement for the late Edward M. Kennedy. In what many Republicans call "a stunning example of Democrat hypocrisy,” the state legislature on Wednesday gave the measure final approval, thus allowing an immediate interim appointment.

This morning it was announced that Edward Kennedy's former aide, 71-year-old Paul Kirk, was appointed by Governor Patrick. “There is no question that Paul Kirk will continue to do the work Ted Kennedy would have done if he were here,” Boston-based Democratic consultant Mary Anne Marsh said, “He’s not going to be Ted Kennedy, but he certainly will vote like him and the office will operate the way it would have under Kennedy.” In January 2010, Massachusetts voters will elect a senator to serve the remaining three years of Kennedy's term.

Senator Robert Byrd's hospitalization Tuesday, after falling at his home, provides another obstacle for Democrats who have yet to fully enjoy the strength of a filibuster-proof majority.

It remains to be seen if either Mr. Kirk or the Massachusetts senator who is to be elected in 2010 will have the opportunity to vote on a version of EFCA.
 

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House Democrats plan to put EFCA on the House floor for a vote in about a month, a credible source just reported to this blog. We are not sure which version of EFCA will be sent to the floor, but House Democrats, with their overwhelming majority, could seek to pass the full version of EFCA, including its card-check provision. If the Senate passes the "Specter Compromise" version of EFCA, a Conference Committee would have to iron out the differences.

We will keep you informed of developments.
 

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When Change to Win left the AFL-CIO in 2005, 35% of the labor federation’s revenue left with it. Despite this, Labor provided massive, unprecedented support for political purposes in the last two election cycles. The investments have resulted in a “worker friendly” Congress and White House.

But there are negative results for Labor as well. The Machinists union issued a report in June showing the AFL-CIO’s net assets have fallen to a negative $2.3 million in June 2008 from a positive $66 million in July 2000. Do not count on this uncomfortable fact being discussed openly in Pittsburgh.

In addition, Greg Junemann, President of the IFPTE, decided in July not to run for Secretary-Treasurer of the AFL-CIO, in the name of “unity.” After meeting with Richard Trumka, Mr. Junemann’s goal of returning the AFL-CIO to financial stability would now be achieved with a membership in the AFL-CIO finance committee.

So how will the AFL-CIO help itself financially? Like any other business, it must reduce costs, increase revenues, or both.

Which brings us back to EFCA. To increase revenues, unions must increase membership. To do that, they must find an easier and faster way to organize and get first contracts with mandatory union dues payments as a condition of employees maintaining their jobs.

Failing that, unions will not be able to support their favored politicians in 2010 and 2012. And this is why EFCA is not dead. It is just lurking in ambush. The financial interdependence of Labor and legislators creates a compelling environment for a deal.
 

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Caroline Kennedy spoke about her late uncle Ted to the AFL-CIO convention on September 14. Most appropriately, the late-Senator Edward M. Kennedy was recognized for his consistent support of Labor over his decades of service.

According to Senator Tom Harkin (D-IA), Labor narrowly missed getting its greatest prize – EFCA – as a result of Senator Kennedy’s battle with cancer. Senator Harkin claims that a “EFCA compromise” was reached in July and was ready for a vote, but Senator Kennedy was too ill to participate in person.

Where are we today with EFCA? The AFL-CIO’s John Sweeney told BNA, “we’ve been doing a lot of work behind the scenes…” with Senators to gain EFCA’s passage.

Bill Samuel, the AFL-CIO’s legislative director, has spoken of a “compromise” where fast elections and majority sign up recognition under certain circumstances would be appropriate.

Labor Secretary Hilda Solis spoke strongly in favor of EFCA during her AFL-CIO convention speech.

Senate Majority Leader Harry Reid (D-NV), who a few weeks ago, said EFCA would not come up this year, told the union convention by video feed that he wants to pass EFCA “swiftly”.

Richard Trumka, citing the need for more aggressive Labor leadership, including the passage of EFCA, has proclaimed that “we need to be a labor movement that stands by our friends, punishes its enemies, and challenges those who, well, can’t seem to decide which side they’re on….”

In addition, there are a handful of Democratic senators who are not sure “which side they’re on,” but covet Labor support, or at least its neutrality, as they stand for re-election.

Then there is the empty Senate seat – from Massachusetts. We don’t know whether an appointed or elected candidate will take Senator Kennedy’s seat. The outcome of that issue in Massachusetts has a direct impact on when EFCA will be considered. Even under the most favorable circumstances, without Senator Kennedy, it is difficult to see how Labor can get to 60 senate votes for EFCA, even in its “lite” variety, and no matter what the “compromise” contains. But whenever Massachusetts again has two senators, EFCA will be ripe for serious consideration…..provided, of course, Senator Robert Byrd (D-WV) is healthy enough to come to the Senate and vote for EFCA.

“Every vote counts” may never have been more true.
 

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This article received contributions from all of the EFCA & Labor Law Reform Blog authors.

U.S. Senator Arlen Specter (D-PA) pulled the curtains off of his revised version of the Employee Free Choice Act during the September 15 session of the AFL-CIO convention. He announced that his version, which he claims will “be totally satisfactory to labor,” will pass Congress this year.

Specter’s version of EFCA does not include the “card check” provision of the original EFCA bill. That provision would require the Labor Board to certify a union anytime it receives signed cards from a simple majority of eligible voters—thus, effectively eliminating the secret ballot election. Instead, Specter would provide for “quickie elections” where the time between the filing of a petition and the date an election is held is reduced significantly from the current period of about 42 days. Specter has not yet disclosed the exact length of time his bill would establish. Some have said it could be less than 15 days. Additionally, the Specter bill would give unions the right to access an employer’s facility if an employer holds mandatory meetings regarding the union election on company time. Specter’s EFCA also would increase employer liability for violations of the National Labor Relations Act to an amount triple that which the Act currently provides.

The mandatory interest arbitration also is revised. The Specter bill still calls for mandatory arbitration for first contracts, but frames the process as “baseball style” arbitration. Under this process, the arbitrator reviews the “last best offer” from the employer and the union and chooses one. Don’t let the term “baseball arbitration” conjure up positive images of America’s pastime. Baseball style arbitration is nothing more than a form of interest arbitration where terms and conditions of employment unacceptable to the owner of a business are imposed upon that employer by a government arbitrator.

Interestingly, during the convention, Senator Specter seemed to imply that incoming AFL-CIO president, Richard Trumka, signed off on his new EFCA bill. However, Trumka has vigorously denied this and insists that the full and original version of EFCA is still on the table and is the version of the bill that he demands be passed.

Let us know your thoughts.

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Today marks the first day of the AFL-CIO’s quadrennial convention in Pittsburgh. More than 1,000 delegates are expected to be in attendance. They will have their hands full with a packed agenda that includes electing new officers, setting priorities for the federation and debating health care reform, job safety, green jobs, immigration, and the economic crisis, among others. The convention also will be the stage for some top-shelf speakers, including President Barack Obama, Secretary of Labor Hilda Solis, Senator Arlen Specter (D-PA), Speaker of the House Nancy Pelosi (D-CA) and Senate Majority Leader Harry Reid (D-NV). Outgoing AFL-CIO President, John Sweeney spoke to the delegates on September 13. Each attendee will receive a copy of a report (pdf) discussing the state of the federation and some of the major events that have occurred during the last four years.

Candidates for the federation’s three top offices are running unopposed. It is widely expected that Richard Trumka, the federation’s Secretary-Treasurer, will be elected President. Elizabeth Shuler, executive assistant to the president of the IBEW, is running for Secretary-Treasurer, and Arlene Holt Baker, the federation’s Executive Vice President is running for re-election to the same post.

Each day of the week-long convention will have its own theme. Day One will focus on organizing and politics. It is expected that the federation’s top legislative priority, the passage of EFCA, will be discussed. 

The second day is devoted to debate surrounding health care reform and will include an address by President Obama. 

The third day’s theme is “the power of many” and will focus on diversity, civil and human rights. 

On the last day, the delegates will set the goals for the international union movement towards the G-20 summit coming to Pittsburgh later this month.

Two people are notably absent from the gathering. One is Andy Stern, who just last week saw the Carpenter’s Union withdraw from his Change to Win Coalition. It will be interesting to see how much time, if any, is spent by the AFL leadership on bringing the labor movement together and if they extend any olive branches to Mr. Stern. Similarly, it will be interesting to see if Mr. Stern goes out of his way to recognize Mr. Sweeney for his past leadership and to congratulate Mr. Trumka as he takes the reins of the AFL-CIO. 

The other absent party is Senator Tom Harkin (D-IA). Will the Convention go out of its way to congratulate and recognize Senator Harkin for his new position as chair of the Senate HELP committee and what will his reaction be to the EFCA discussions?

The key to the convention’s impact on EFCA will be how firmly the President supports some version of the bill. The same goes for Arlen Specter, who is such a crucial part of the labor reform debate. It will be interesting to see if any of the speakers discuss the composition of the current Labor Board and the Obama nominees.

As always, we will keep you posted … stay tuned.

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The Legal Services Corp., a congressionally chartered, taxpayer entity, is being subjected to a union organizing drive.  Presented with a demand for recognition through a card check, the organization has declined insisting on the right to a secret ballot election.

The exercise of this right – under the law – is drawing fire. Supporters of EFCA say this situation is a prime example of why EFCA should be enacted.

Senator Harkin, the new Chairman of the Senate HELP Committee not only is critical of the LSC’s right to insist on a secret vote but also finds it “…troubling to learn that LSC is now using hard fought-for-taxpayer funds to retain a law firm and engage in a campaign to potentially frustrate employee’s desire to exercise their right to join a union.” (See link to - EXCLUSIVE: Federal program rejects 'card check' effort). 

Imagine that … the LSC has hired a law firm in connection with the compliance of their employee’s right to join or not to join a union. Should LSC not hire legal counsel and take the chance of violating the law?

Senator Harkin is the key Senator seeking an EFCA compromise. Many labor leaders praised his selection as Chairman of the HELP Committee. Senator Harkin said to the press when his selection was announced that “EFCA is still on the burner…EFCA is still cooking.” (DLR, 9-10-09). 

Senator Harkin is the son of a coal miner.  Richard Trumka, expected to be elected AFL-CIO President next week, was a former President of the United Mine Workers. Do not be surprised to see Senator Harkin at the convention being held in Pittsburgh. Employers should expect coal in their Christmas stockings this year.

We congratulate Senator Harkin and wish him well on behalf of everyone vitally interested in workplace issues.  

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A Washington Post article published on Labor Day casts some light onto the AFL-CIO’s next president Richard Trumka. Trumka comes from a long line of coal miners in Pennsylvania. After working in the mines himself, he attended college and then Villanova law school “in preparation for a career of union activism” where he was class mates with Michael J. Lotito one of this blog’s authors. Upon graduating, Trumka began his career in organized labor as an attorney with the United Mine Worker’s union and worked his way up to become its president. Years later, Trumka eventually took the number two position in the AFL-CIO.

The article refers to the 1989 Pittston Coal strike as Trumka’s “crowning achievement.” We are unclear how Trumka measures the success of a strike, but his crowning achievement resulted in a court ordered injunction being levied against his union, his union officials being held in contempt of court and his union being fined more than $30 million dollars for strike related activities. Moreover, some of his strikers engaged in truly abhorrent behavior during the strike which included multiple episodes of violence towards company personnel and their property, a shooting and even a bombing.

The article also talked about Trumka’s agenda and plans for the labor movement. Trumka reportedly met with President Obama and current AFL-CIO president John Sweeney on Labor Day to discuss that “after being elected in part because the AFL-CIO [sic] persuaded its more skeptical members to vote for him, Obama should not disappoint [AFL-CIO] by settling for half measures.” Indeed, the article refers to AFL-CIO’s disappointment with the current status of EFCA which was described as “bogged down amid a distinct lack of enthusiasm from Obama.”

The article notes that “Trumka’s ascent represents a true changing of the guard, ushering in a time of leadership that will be far more muscular than that of the avuncular Sweeney.” Referring to himself in the third-person, Trumka said “It’s true that he’s more aggressive than Sweeney was…but I think that there is a time when you have to be aggressive and only can take so much, when you’re getting it from people who are not looking for a way to resolve a problem but are looking for a way to kill the labor movement.”

Trumka sent a clear message to politicians who accepted organized labor’s support when he said “[m]ore than ever, we need to be a labor movement that stands by our friends, punishes its enemies and challenges those, who, well can't seem to decide which side they’re on…I’m talking about the politicians who always want us to turn out our members to vote for them, but who somehow always seem to forget workers after the votes are counted.”

Lest we forget, Trumka is the person who defined a corporate campaign, a “top down” pressure tactic used by unions to get companies to concede to union wishes, as a device that “swarm[s] the target employer from every angle, great and small, with an eye toward inflicting upon the employer the death of a thousand cuts rather than a single blow.” It is important for the public to know that the new aggressive head of the AFL-CIO whose crowning achievement was a violent and lawless strike , believes in punishing those he classifies as the labor movements enemies and advocates the slow torture of employers in the hopes of causing their economic death. It is tough for employers that are being subjected to a union imposed economic death to “create jobs” and hire more employees. So much for unions trying to help revive our economy and create new jobs.

What are your thoughts about Trumka and the potential impact he will have in shaping Labor Law reform?

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As we mentioned yesterday Senator Dodd had a key decision to make. He made it and is staying at banking. This means Senator Harkin, the primary negotiator for the so called EFCA compromise, is likely to chair the Senate committee responsible for the legislation. We will follow this situation closely and keep you updated.

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The death of Senator Edward M. Kennedy (D.-Mass.) on August 28 has left open the chairmanship of the U.S. Senate's Committee on Health, Education, Labor and Pensions (HELP Committee). The Committee has jurisdiction over legislation related to labor issues, including Employee Free Choice Act. 

The HELP chairman is responsible for moving legislation through the Committee and helping manage bills during Senate floor action. Additionally, the chairman would be the lead Senator in negotiations in the conference committee that works out differences between bills that passed the House and Senate. 

In the Senate, committee chairmanships usually are decided by seniority. With the Democrats now in the majority, the most senior Democratic senator on the Committee has the right of first refusal for the chairmanship. Normally, a senator may turn down an opportunity to chair a committee for one of two reasons. The first is that the senator already chairs another committee and, since Senate rules limit senators to chairing only one full committee at a time (they can also chair two subcommittees), the senator prefers to retain the chairmanship of his or her current committee. The second reason is that the senator is in a position of party leadership and chooses to focus on that role and allow a more junior senator to take on the chairmanship. This second reason usually relates to the top two leadership positions of Majority Leader and Whip. 

Senator Christopher Dodd (D.-Conn.) is the first in line for the open HELP Committee chairmanship. Senator Dodd is currently the chairman of the Senate Committee on Banking, Housing and Urban Affairs, and presently is working on major legislation for reform of the regulatory environment for banks and financial institutions. During Senator Kennedy's absence due to his illness, however, Senator Dodd has taken the lead on drafting and guiding through committee the healthcare reform legislation passed by the HELP Committee. Senator Dodd considered Senator Kennedy his best friend in the Senate and may feel some personal commitment to Senator Kennedy and his legacy to focus on and ensure passage of healthcare legislation. Though Senator Dodd is a supporter of EFCA and friend of labor, he has been more focused on healthcare reform and regulatory oversight of the financial industry. 

Senator Dodd is facing his toughest re-election environment as he prepares to run for his sixth term in the Senate, and recent polling has him trailing against leading Republican challengers.  Senator Dodd's decision likely will be guided by his analysis of which chairmanship will bode best for his re-election.  

Should Senator Dodd pass on the HELP Committee chairmanship, the next in line is Senator Tom Harkin (D.-Iowa). Senator Harkin’s assumption of the HELP chairmanship would have a dramatic effect on EFCA. He is the lead Senate sponsor for EFCA and is heading the negotiations to reach a "compromise" that could garner the 60 votes needed to invoke cloture and result in a vote for passage in the Senate. Increased focus on EFCA would result from Senator Harkin becoming chairman of HELP. Organized labor likely would push him to act quickly. EFCA would help him quickly put his stamp on the committee as its new chairman.  

Senator Harkin is the current chairman of the Senate Committee on Agriculture, Nutrition, and Forestry. Agriculture is the number one industry in Iowa. He would have to give up that seat in order to become HELP chairman.  

Should Senators Dodd and Harkin both pass on the chairmanship, Senator Barbara Mikulski (D.-Md.) is next in line. Senator Mikulski does not currently chair a full committee, so she would not face the same choice as her two colleagues in assuming the HELP chairmanship. She likely would relish the opportunity to chair a major committee that gives her a lead role in healthcare reform. She currently chairs the HELP Committee's subcommittee on retirement and aging and is active on Alzheimer's issues. Senator Mikulski has a strong relationship with labor and was the lead Senate sponsor of Ledbetter Fair Pay Act that became law earlier this year. 

In light of the intense focus on healthcare reform, and the importance of the HELP Committee chairmanship, this key position is unlikely to remain vacant for long. 

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In response to the United States Department of Labor’s request for public comments on its proposed rulemaking implementing President Barack Obama’s Executive Order No. 13496, Jackson Lewis LLP, on behalf of its clients and other employers, has provided the Department with detailed comments and suggestions for improvements to the proposed rule. The Executive Order, signed January 30, 2009, requires covered federal contractors and subcontractors post a notice apprising employees of the right to unionize and to engage in certain protected activities under federal labor laws. It and the proposed rule could have a profound effect on federal contractors since a failure to comply with the posting requirement or with the terms of the notice could result in the loss of Federal contracts or debarment. (For more information on the Executive Order, see President Signs Three Pro-Union Executive Orders and DOL Proposes Regulations Clarifying Contractors' Obligation to Notify Employees of Right to Organize.) 

Jackson Lewis, one of the nation’s largest labor and employment law firms counseling federal contractors and others, submitted its comments on September 2, 2009. The full text of the comments may be accessed here (pdf). A summary of our comments follows:   

     NLRA Preemption - The Firm maintained the Executive Order is preempted by the National Labor Relations Act (“NLRA”), the nation’s principal labor relations law, to the extent it seeks to impose obligations and penalties on contractors and subcontractors beyond those already established by the NLRA.  

     Scope of Rule – The Firm objected to the Department’s attempt to make primary contractors responsible for compliance by their subcontractors. The Department should clarify that primary contractors have no obligation to police subcontractors, other than to adhere to specific enforcement directives of the Secretary. With respect to the obligation of primary contractors to place in subcontracts language requiring subcontractors to post the required notice, the Firm suggested the Department impose this requirement only on subcontracts valued in excess of $100,000. This amount is consistent with the minimum threshold applicable to primary contracts under the Executive Order. It would exclude subcontractors who perform minimal work from being subject to the Order’s obligations. 

     Limitations on Posting Obligation – The Firm recommended that the Department limit the posting obligation to cover only employees who perform work directly related to the performance of the contract. Further, the Firm suggested the Department expressly permit employers who post notices electronically and physically to post the required notice only physically. Electronic posting would cause the notice to be sent to the vast majority of employees who do not perform work related to the contract. Additionally, the Firm suggested the Department permit the required notice to be consolidated into commercially available “all-in-one” posters employers already use to comply with other federal and state law posting requirements.  

     Exemption for Employees Working on Contracts Outside the United States - The Firm suggested that the Department add an exemption to the proposed rule for employees working on contracts and subcontracts in foreign countries who are not subject to the NLRA. This exemption is modeled on a similar exclusion made by the Office of Federal Contract Compliance Programs (“OFCCP”) in the affirmative action context. 

     A More Reasonable Notice - The Firm urged the Department to adopt a shorter, more balanced notice. The Executive Order’s purpose is to enable employees to make informed choices regarding their right to unionize (or not unionize) and the proposed longer, more detailed notice may frustrate this objective by confusing and intimidating the reader. The Firm also pointed out specific concerns with the contents of the proposed notice. 

     Adjudication of Unfair Labor Practices - The Firm recommended the Department make clear in the final rule that the National Labor Relations Board will have exclusive jurisdiction to adjudicate disputes arising from alleged violations of the substantive notice. Such disputes would involve rights conferred by the NLRA, which the Board administers.  The Firm pointed out the possibility of conflicting decisions and wasted government resources. 

     Reinstatement After Debarment - Finally, the Firm recommended improvement of the debarred-contractor reinstatement process.  To promote transparency, we suggested the Department incorporate the reinstatement guidelines contained in other laws regulating federal contracts that call for written decisions explaining why a reinstatement request was granted or denied.

No date has been set for the issuance of the final rule.

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President Obama sent his nominations for the three empty seats on the NLRB to the Senate on July 9, 2009. One of the three, Craig Becker, is currently the Associate General Counsel for the Service Employees International Union (SEIU). Although Mr. Becker has much labor law experience, he has some extreme ideas for reforming labor law, many of which would involve stripping employers of many long-established protections.

In 1993, Mr. Becker wrote an article for the Minnesota Law Review, Democracy in the Workplace: Union Representation Elections and Federal Labor Law, 77 Minn. L. Rev. 495 (Feb. 1993), in which he claims that the current union election process is flawed and proposes  wholesale changes to fix them.

For example, Mr. Becker proposes that “employers should be stripped of any legally cognizable interest in their employees’ election of representatives.” This would m ean an employer would lose its right to participate in hearings before the Board to resolve issues related to the election, or even to have an observer present at the election, among other things. Mr. Becker proposes eliminating the 72-year-old mandate of the Taft-Hartley Act that the Board certify unions based only on the results of an NLRB-supervised secret ballot election. Mr. Becker also proposes restricting, and in some cases eliminating, an employer’s “free speech” rights during an election campaign, although the right is spelled out in the Act.  In short, Mr. Becker would go further than even EFCA .

What is most disturbing, back in 1993, Mr. Becker, then writing as an academic, suggested that many of his drastic “reforms” could be accomplished through the Labor Board’s re-interpretation of the Act. He would sidestep legislation while kicking over the traces. Now, Mr. Becker is poised to take his seat on the Board where he could try to effectuate his ideas.  

We do not know whether the Senate will conduct hearings on Mr. Becker’s nomination before voting on his confirmation, although the U.S. Chamber of Commerce, on July 24, requested the Senate Health, Education, Labor and Pensions Committee do exactly that. R. Bruce Josten, the Chamber’s executive vice president for government affairs, said, in a letter to HELP’s chairman and ranking member, that SEIU “has a record of using questionable pressure tactics with the goal of forcing employers and workers to recognize unions without the democratic protection of secret ballot elections.” He cited SEIU's “intense advocacy” of the proposed Employee Free Choice Act and said Becker might attempt through Board decisions to impose card-check certification and “the effective elimination of secret ballots.”

In early-August, a Republican staffer reportedly said Senator Michael B. Enzi (R-Wyo.), HELP’S ranking member, wants a hearing on all three NLRB nominees. However, HELP so far has not announced any plans for a hearing and has not yet scheduled a vote.

We will keep you advised as the confirmation process progresses.

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The U.S. Department of Labor on August 3^rdproposed regulationsto help implement President Obama’s Executive Order 13496.  

Issued January 30, 2009, the Executive Order requires government contractors to post a lengthy official notice advising employees of their rights under the National Labor Relations Act to join or form labor unions, as well as to engage in other protected activity. 

The notice requirement applies to all government contractors except for contracts covering work performed under collective bargaining agreements and contracts that cover purchases below $100,000 (at least for now). Failure to comply with the notice requirement subjects employers to potential cancellation of their contract, ineligibility for further government contracts and other possible sanctions or remedies.

The DOL opened a 30-day window for public comment which closes on September 2, 2009. Jackson Lewis is reviewing the regulations and plans on submitting comments to the DOL. For a more detailed summary of the DOL’s proposed regulations and a look at the proposed official notice click here.

President Obama’s Executive Order and the corresponding regulations proposed by the DOL are clear evidence this Administration is intent on federal labor law reform, with or without Congressional legislation, such as EFCA.

What are your thoughts about these regulations? What, if anything, would you change about them? Is providing this type of notice really necessary? If you are a government contractor, what effect do you see these regulations having on your business? Are you going to comment? Is your trade association? And how would you respond to this question? — The proposed notice by the Department of Labor is pro labor – pro employer – neutral or just right? 

We’ll let you know how the responses come out!

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Hello and welcome to the EFCA & Labor Law Reform Blog!

Our firm, Jackson Lewis LLP, has represented management for more than 51 years in virtually every type of labor law matter… at the Labor Board, across the table from a union negotiator, and in front of the U.S. Supreme Court. Recently, we have seen an incredible uptick in discussions related to labor law reform. To be sure, some proposed reforms, such as the Employee Free Choice Act (H.R. 1409/S. 560), represent what only could be characterized as the most radical and drastic changes to federal labor law since the Taft-Hartley Act.

Not long ago, President Barack Obama met with the leaders of a dozen of the nation’s largest unions for about 45 minutes in the White House. Rumor has it that Andy Stern of the SEIU meets with the President weekly. Many Senators and members of the House have been elected with the help of labor, and these elected officials generally support and lobby for pro-labor legislation. Perhaps most importantly, President Obama, who has repeatedly voiced his support for EFCA, is on the side of organized labor. The President has nominated to the Labor Board two pro-labor attorneys, one of whom has written extensively about expanding the rights of unions even under the current statute.

Many people wonder how EFCA and other proposed reforms could affect their businesses. Our clients and friends not only ask for updates on proposed labor law reform bills and advice on how to prepare for such potential changes, but also to discuss their thoughts about such changes. They want facts and honest analysis. We wanted to respond to their needs.

We have decided to create the EFCA & Labor Law Reform Blog as a forum for individuals to access critical information, such as updates on EFCA and other forms of labor law reform to share their thoughts, and to discuss these issues more fully. We are happy to have you visit here and hope you will find this site informative and stimulating.

We look forward to reading your comments!

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