If You Build It . . .


It comes as no surprise that employers in the last several years have been forced to focus on survival in an extremely difficult environment. There have been sharply decreased (or nonexistent) profit margins, falling sales, reorganizations, reductions in force, retrenchment and reversion to the mean. Overall business conditions aren't really much better now than they were three years ago and nobody really knows when they will improve.

With all of these business challenges, who needs another? It is with great trepidation that we suggest the imminent arrival of yet another challenge for the employers of America – unionization. The normal battle-weary, overstressed manager might say in response, "Haven't you read the newspapers? EFCA is dead and is not likely to come back anytime soon."

We agree it is highly unlikely that EFCA (Employee Free Choice Act) will be the challenge employers face at least in the next year. However, the focus on EFCA is likely to obscure the next big challenge – Son of EFCA.

Okay, It's Not Really Son Of EFCA

It's more like a stealth attack on the employers of America. Except it won't be completely stealthy because you are hearing about it here and you have already read about it in the October Labor Letter. ["EFCA, Schmefca," by Christina Kotowski, Labor Letter, October 2010]. We're referring to our expectation that the National Labor Relations Board will engage in rulemaking to strongly tilt the field in the unions' favor.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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