Why rushing into EFCA solutions is unwise.

Over the years a marketing noise machine cranks up with every new employment law winding through Congress. ADA, the Civil Rights Act of 1991 and now EFCA. Seriously, Chicken Little runs amok! There are very sane and important actions for employers to take now, but rushing to adopt strategy and tactics to operate as if EFCA will pass as introduced is both wasteful and dangerous. The strategic issues relating to union avoidance are likely to remain unscathed by whatever amendments to the NLRA are ultimately passed. Doubtless the tactics to succeed will change dramatically. However, until the change is passed, designing tactical responses can be wasteful if they are unworkable under the new law and dangerous if an employer is relying upon a "Maginot line." Given the heated nature of the issue, nothing will pass under radar. There will be time to revise tactics after the change becomes known.

Doing nothing is also dangerous. A significant part of the employer's strategy is to educate employees on the negatives of unionization as well as the positives of a union free environment. Changes in the law are very likely to shorten the time within which that can be done and place limitations on employer access to employees. Card signing (or petitions) will remain a part of the process, but as it is now, a predicate to a secret ballot election. Over the next few weeks we will post specific suggestions, like the one in the previous post.