Publication Date



[Excerpt] This report discusses legislative attempts to amend the National Labor Relations Act (“NLRA”) to allow for union certification without an election, based on signed employee authorizations. The Employee Free Choice Act (“EFCA”) has been introduced in the past three Congresses to allow union certification based on signed authorizations, provide a process for the bargaining of an initial agreement, and prescribe new penalties for certain unfair labor practices. The report reviews the current process for selecting a bargaining representative under the NLRA, and discusses the role of the Federal Mediation and Conciliation Service in resolving bargaining disputes under that act. The EFCA was introduced in the 110th Congress as H.R. 800 and S. 1041. H.R. 800 was passed by the House on March 1, 2007, by a vote of 241-185. On June 26, 2007, proponents of S. 1041 fell nine votes short of the 60 votes needed to limit enate debate and proceed to final consideration of the measure. The EFCA is expected to be reintroduced in the 111th Congress.


Suggested Citation
Shimabukuro, J. O. (2009). The Employee Free Choice Act (RS21887). Washington, DC: Congressional Research Service.