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Latest News - May 2010

May 3, 2010
Binding Arbitration A Radical Shift
Source: The Truth About EFCA
Author: Admin’s Carter Wood points readers to an important item regarding the binding arbitration provision of the comically misnamed Employee Free Choice Act.

Of particular note should be one attorney’s reminder of a 1970 law involving the National Labor Relations Board:

Allowing the Board to compel agreement when the parties themselves are unable to agree would violate the fundamental premise on which the Act is based—private bargaining under governmental supervision of the procedure alone, without any official compulsion over the actual terms of the contract.

Some think EFCA’s “card check” provision will be kicked to the curb, but the binding interest arbitration provision still violates basic common sense, as well as the intent of the National Labor Relations Act. The practical applications won’t be pretty, either.





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