We’ve spent a lot of time here at IWF expressing our concerns over the Employee Free Choice Act. Like many critics, much of our criticism has been directed at the bill’s “card check” provision, which effectively robs workers of the right to a secret ballot election to workplace unionization. But in this piece, Michael Barone reminds everyone of the other controversial part of EFCA, it’s provision for mandatory arbitration. I recommend reading the whole piece, but here’s the Cliff Notes version of what would come to fruition if EFCA were to pass:
Mandatory arbitration would be a major, massive change in American labor law. Currently, unions are free to strike, but employers are free to resist their demands as long as they want. The card check bill would require, after only 120 days of bargaining, a federal arbitrator to step in and impose a settlement. A centralized bureaucrat, not responsible to shareholders (or to union leaders), would determine wages, fringe benefits and working conditions. There would evidently be no appeal.