Labor Law Guy

Hawaii Passes Its Own EFCA

Posted in Random Musings, State Labor Law by laborlawguy on July 20, 2009

Over the veto of Governor Linda Lingle, Hawaii’s legislators have enabled card-check unionization and, copying the federal Employee Free Choice Act (EFCA) even further, mandated contract arbitration if no labor agreement is reached within 110 days.

Hawaii thus joins four other states with their own mini-EFCAs: New York,  New Jersey, Illinois, and Oregon. However, these state laws pertain only to intrastate businesses, which limits their scope. The federal EFCA could change all that.

Now that Congressional negotiators seem to have rescinded the majority card authorization provision from the EFCA, it appears that labor’s goal all along has been the mandatory arbitration provision to force a contract on newly organized businesses. Absent this provision, employers can stall and stall until the union loses its legitimacy without a contract and just disappears.

EFCA lives on and could be exacting a costly toll on American business sometime soon through mandated employer-union contracts. If you can’t beat ’em, then legislate and arbitrate them into submission.

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