Supporters Still Pushing for “So-Called” Employee Free Choice Act (EFCA)

EFCA remains in a holding pattern on Capitol Hill at this time.  Right before the August break there were rumors that some movement had been made in finding a potential compromise to EFCA by removing the card check portion of the bill.  The group of Senators seeking to find a compromise are all past EFCA supporters and despite a New York Times article saying that card check had been dropped, no agreements have been reached.  While the House has the votes to pass EFCA as is at any time, the barrier remains 60 Senators voting to end cloture to move the bill to the Senate floor.  It is important to continue to communicate to Capitol Hill about opposition to EFCA.  AGC of America has said that compromise is not an option.  There remains deep concerns that even well intended compromise proposal could become a "Trojan horse" that EFCA's proponents would simply use to sneak EFCA past cloture. Unless and until EFCA's proponents completely and irreversibly abandon that legislation, the risk of a compromise becoming a "Trojan horse" for EFCA will remain too great for this industry to entertain any discussion of compromise.