Planning for Success: The EFCA Rapid Response Team

By James G. Trivisonno

Whether the Employee Free Choice Act (EFCA) is enacted as currently proposed or is amended to ensure passage as part of a compromise bill, employers, and human resource executives in particular, will soon be faced with a dramaticallydifferent employee relations landscape.

Of greatest concern is EFCA’s intention to “fast track” the organizing and/orelection process. Recognition through card check or through an acceleratedelection timeline – possibly as short as five days as some policymakers have suggested – would significantly diminish an employer’s ability to successfullydefend against an organizing campaign. Under EFCA, the all-too-common labor relations strategy of “it won’t happen to us and if it does, we’ll deal with it then” is one that will leave employers and, more importantly,

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