Organized labor, congressional Democrats and the new administration have deemed the Employee Free Choice Act (EFCA), also known as card check, to be a priority for the 111th Congress. However, the most important question remains: when will the 111th Congress consider card check?

EFCA would make it significantly easier for unions to organize by requiring an employer to recognize a union if a majority of the company’s eligible workers signed cards of support – effectively eliminating a company’s ability to request a secret-ballot election.

Click here to read NSBA’s issue brief opposing the Employee Free Choice Act.

Card check has been a high priority for organized labor for several congressional sessions. It is no surprise that organized labor has experienced a rebirth of power in Washington, D.C. with new majorities in Congress and a labor friendly administration; thus, many suggest that card check will have its best chance yet during the 111th Congress to pass.

President Barack Obama has been highly responsive to labor issues during the short tenure of his new administration. He signed on Jan. 30 a series of executive orders that he said should “level the playing field” for labor unions' struggles with management. He also said in a recent interview with The Washington Post that “in terms of the timetable, if we’re losing half a million jobs a month, then there are no jobs to unionize. So my focus first is on those key economic priority items…” However, Obama was an original cosponsor the EFCA as a Senator in the 110th Congress.

There is no firm understanding of what the agenda for the 111th Congress and the new administration really holds. Labor union officials had high hopes that the legislation would be a first 100 days issue, which is looking less and less likey. However, despite the nations current economic challenges bogging down Washington and a media blitz from health care reform stakeholders jockeying for position in the pending health care debate, organized labor has demanded the attention from a Congress they worked hard to seat.

Senate Majority Leader Harry Reid (D-Nev.) recently commented that card check was an “important piece of legislation” and that “we’re going to get to that.” Although his comments hinted that it may not be in the first 100 days as labor groups had hoped, he did signal that it is on the agenda for 2009.

EFCA was first introduced in 2003. Most recently in the 110th Congress, EFCA passed the House of Representatives but was defeated by a Senate filibuster and, if passed, would have faced a Presidential veto. Given the changes in political dynamics, card check will be on the top of the congressional agenda at some point in the 111th Congress, and faces fewer hurdles than in years past. Whether the legislation is addressed this summer, or falls to 2010, NSBA urges you to weigh-in with your elected officials using NSBA’s Legislative Action Center.

Congress should consider the full impact of card check legislation before bringing it before the House or Senate. Such a new law could create significant new division at a time national unity should be a higher priority.