Employers Take Up Union Tactics With Threat Of EFCA

Law360, New York (August 7, 2008, 12:00 AM EDT) -- Fearful of the passage of the controversial Employee Free Choice Act next year, some employers are adopting the arbitration and grievance procedures typically found in collective bargaining agreements to keep one step ahead and fend off unions. But this pre-emptive strategy, while well intended for those wishing to keep workers happy and union-free, is not the wisest, lawyers say.

Companies wanting to remain non-unionized are well-advised to take proactive steps, but embracing union-friendly practices to reduce the threat of unionization — a tactic that dates back...
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