EFCA = no secret ballot

Labor loves to claim the Employee Free Choice Act [EFCA] does not eliminate secret ballot elections from the National Labor Relations Act. It is true! A secret ballot election remains an *option* for establishing union majority status and certification of a union as the bargaining representative of an appropriate bargaining unit of employees. However, this option can be trumped, eliminated, neutered, stumped, under EFCA. Under the card signing provisions of EFCA, a union would be certified based upon presentation of cards signed by a majority of the employees in a unit appropriate for collective bargaining. No election must be conducted if the union presents cards from a majority of the employees. Even if employees had changed their mind after signing a card, they would still be denied the chance to vote in a secret ballot election.