The Employee Free Choice Act

This makes it necessary to understand the present law, the way in which EFCA attempts to provide its objectives, and the various arguments in and against the law. The next part of the report deals with a brief overview of the existing law. This is followed by a brief study of the proposed law. This will be followed by arguments used by proponents and opponents of the law. The last part of the report concludes the essay by presenting the outlook of the author.

In the early part of the 20th century, there were no special laws for labors and labor unions were subject to the same judge-made regime that would apply to any other business or institution. During the same time, a lot of research was done on efforts to carve out special laws for laborers. This led to the emergence of a new field that was called labor laws. The National Labor Relations Act (NLRA), which is considered as the first milestone towards a unified labor law came into being in 1935. This law which was also called the Wagner Act was defended against a case of being unconstitutional in NLRB v. Jones and Laughlin Steel Co (The Oyez Project). Since then this unified law has been considered as the base and all the subsequent changes have been made to it. The Act was based on 2 principles:

It stated that if a union wins a secret ballot, it could be the exclusive representative for the firm employees. It was also laid down that in case of a selection of a union. it is necessary for both parties to negotiate in good faith for a collective bargaining agreement.