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Arbitration Rule May Spell Trouble For EFCA In Senate

Law360 (January 9, 2009, 12:00 AM EST) -- As debate on the proposed Employee Free Choice Act begins in Congress, lawyers expect the pro-union legislation to face major hurdles to passage in the U.S. Senate, with the bill's mandatory arbitration clause emerging as the greatest sticking point.

While most of the focus leading up to EFCA's introduction in Congress last week has been on the measure's much maligned “card check” provision — allowing unions to organize workers in the absence of a secret ballot election — labor attorneys say the arbitration provision is the...
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