Employee Free Choice Act

Legal Strategies for Employers Facing Broader Unionizing Rights

Employee Free Choice Act re-introduced in Congress on March 10

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, April 15, 2009

Course Materials

This seminar will explain the key features of the Employee Free Choice Act and provide proactive approaches for employers to prepare for the coming law.


Passing the Employee Free Choice Act (EFCA) is a top priority for President Obama’s administration. The EFCA would make sweeping changes to the National Labor Relations Act (NLRA), making it much easier for unions to organize new members.

The EFCA would eliminate secret ballot elections, limit timelines for collective bargaining, and increase employer penalties for unfair labor practices. Employers should immediately review their employment practices and train their managers and supervisors on the potential implications of the Act.

Listen as our panel of employment and labor law attorneys delves into the key features of the Employee Free Choice Act and how it is expected to impact employers.



  1. Background and current status of Employee Free Choice Act
  2. Key features of Employee Free Choice Act
    1. Certification of union without secret ballot
    2. Increased penalties and fines for unfair labor practices
    3. Tighter timelines for collective bargaining contract
  3. Preparing for Employee Free Choice Act
    1. Train managers and supervisors on recognizing union activity
    2. Self-audit employment practices and address problem areas
    3. Maintain open communication with employees regarding union organizing issues


The panel will review these and other key questions: 

  • How will the Employee Free Choice Act change how workplaces are unionized and how contracts are formed?
  • What are the penalties under EFCA for employers who commit unfair labor practices?
  • What should employers do now to prepare for the impact of the new law?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Teresa R. Tracy
Teresa R. Tracy
Berger Kahn

She is chair of the firm's Labor and Employment Group. She represents management in all areas of labor and employment...  |  Read More

Andrew J. Rolfes
Andrew J. Rolfes

Cozen O'Connor

He represents management clients in a wide variety of labor and employment matters. He represents private and public...  |  Read More

Steven M. Swirsky
Steven M. Swirsky

Epstein Becker & Green

He advises employers in a wide range of industries and represents management in union avoidance, organizing campaigns,...  |  Read More

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