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Senate Dumps Card Check Provision
July 17, 2009

As expected, the card check compromise has arrived. Yesterday, Democratic senators faced with immovable opposition to the repugnant card check component of the Employee Free Choice Act, dropped that element of the proposed legislation. It appears they will, once again as expected, attempt to replace it with an expedited election feature. As reported below, the initial proposal is that the elections would be conducted within 5-10 days from when a petition is filed. This is good news and bad news. The good news is that the card check provision would protect employers from the “weekend ambush” where a majority of employees could be signed up at a union sponsored Jimmy Buffet concert. The bad news is that an election conducted within 5-10 business days of the filing of a petition will not afford an unprepared employer the opportunity to construct and conduct an effective campaign.

The onerous binding interest arbitration and punitive damages elements are still in as far as we know.

This legislation is expected to be on the Senate agenda in September. Now is the time for employers to finish up the preparation of their union avoidance toolkits and “virtual campaigns.”

Read New York Times Article

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