Employee Free Choice Act: Legal Strategies for a Union-Free Workplace

Teleconference with an Interactive Q&A

Passing the Employee Free Choice Act (EFCA) is a top priority for President Obama's administration. The EFCA will make sweeping changes to the National Labor Relations Act (NLRA), making it much easier for unions to organize new members.

The EFCA will eliminate secret ballot elections, limit timelines for collective bargaining, and increase employer penalties for unfair labor practices. To avoid union organization, the Act requires employers to immediately review their employment practices and implement basic union-free strategies.

Listen as our panel of employment and labor law attorneys, including Steven M. Swirsky of Epstein Becker Green, delves into the key features of the Employee Free Choice Act and offers strategies for employers to maintain a union-free workplace.


  • Background and current status of Employee Free Choice Act
  • Key features of Employee Free Choice Act
    • Certification of union without secret ballot
    • Increased penalties and fines for unfair labor practices
    • Tighter timelines for collective bargaining contract
  • Preparing for Employee Free Choice Act
    • Train managers and supervisors on recognizing union activity
    • Self-audit employment practices and address problem areas
    • Maintain open communication with employees regarding union organizing issues


The panel will review these and other key questions: 

  • How will the Employee Free Choice Act change how workplaces are unionized and how contracts are formed?
  • What are the penalties under EFCA for employers who commit unfair labor practices?
  • What should employers do now to prepare to counter union-organizing activity?