An Ill-Advised Bailout For Organized Labor

Law360, New York (February 10, 2009, 12:00 AM EST) -- While public attention has been riveted on bailouts — first for the financial industry and more recently for the “Detroit 3,” — a much less publicized “bailout” lurks dangerously around the corner. It carries the deceptively misleading name “Employee Free Choice Act (“EFCA”), also known as “card-check.”

EFCA represents the union’s rescue plan to address years of declining union membership, now down to an all-time low of 7.5 percent in the private sector. Under EFCA, employees lose the right to a secret ballot election to determine...
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