Document Type

Seminar Paper

Date of Original Version



The Employee Free Choice Act was one of the most highly publicized issues during the 2008 presidential election. This proposed legislation, if enacted, would profoundly change current labor law in the United States. The legislation consists of three sections that represent an overall policy of facilitating union organizing, and by consequence, collective bargaining. The three sections provide for streamlined union certification, guaranteed first contracts for newly certified unions, and increased penalties for employer misconduct during the process. Given the current sentiment in the United States toward unions, CEOs, and the prevailing economic uncertainty, there is no shortage of opinions on this proposed legislation. Consequently, an analysis of the legislation with special consideration of potential unintended impacts is in order.