Practice and Procedure Committee meets.

This blogger attended the Regional Meeting of the ABA Practice and Procedure under the NLRA Committee held today in New Orleans. This is a meeting where union and management representatives discuss procedural issues with NLRB personnel which may seem a little too "inside baseball" to some. Although not a true agenda item, EFCA was discussed. Since it remains unclear as to what a final Act will look like, little specific preparation has been undertaken by the Board. Also of note, case filings in Region 15 (New Orleans) in FY 2009 were close to 600. Decisions by the current 2 member (3 vacancy) NLRB have topped 500. Discussions about the effect of Dana/Metaldyne were also most interesting, although there had been a number of Dana Notices issued, only one election had been conducted, and the union won that election. We have consistently chided our friends representing labor that Dana/Metaldyne would have been an easier political sell than pure card check has been. These anecdotal statistics suggest it might also be a very effective alternative for labor to explore.

EFCA compromise?

Last week Senator Arlen Specter (D. Pa.) indicated he had worked out a compromise on the Employee Free Choice Act. No bill has been introduced and the details are sketchy. When I spoke at the LSU Labor and Employment seminar in March on EFCA, I predicted Labor, and its allies in Congress, could not succeed with card check recognition which deprives employees of a secret ballot election. Taking away a right to vote in a secret ballot election is a sound bite that resonates with the public and the politicians. The political solution to this impasse has already been served up by the "Bush" Board and it looks like Senator Specter is embracing that path. More after the jump.