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1 (October 27, 2004)

handle is hein.crs/crsmthabcns0001 and id is 1 raw text is: Order Code RS21887 Updated October 27, 2004 CRS Report for Congress Received through the CRS Web The Employee Free Choice Act Jon 0. Shimabukuro Legislative Attorney American Law Division Summary This report provides an overview of the Employee Free Choice Act (S. 1925/H.R. 3619), a measure that would amend the National Labor Relations Act (NLRA) to allow union certification without an election, provide a process for the bargaining of an initial agreement, and prescribe new penalties for certain unfair labor practices. The report reviews the current process for selecting a bargaining representative under the NLRA, and discusses the role of the Federal Mediation and Conciliation Service in resolving bargaining disputes under that act. This report will be updated in response to relevant legislative activity. The Employee Free Choice Act would amend the National Labor Relations Act (NLRA) to allow union certification without an election, provide a process for the bargaining of an initial agreement, and prescribe new penalties for certain unfair labor practices. Introduced in the Senate as S. 1925 by Senator Edward M. Kennedy and in the House of Representatives as H.R. 3619 by Representative George Miller, the act has received strong support from the labor community. Labor officials reportedly plan to make the act a top priority issue for the winner of the next presidential election.1 This report will review the current process for selecting a bargaining representative under the NLRA, and discuss how the Employee Free Choice Act would alter that process. In addition, the report will discuss the other changes proposed by the act. Some of these changes have been suggested in the past. Legislation that would have established a process for the bargaining of an initial agreement has been introduced in every Congress since the 105th CongresS.2 1 See Bonior Calls For Labor Law Reform to Fix Problems in Organizing Drives, Daily Lab. Rep. (BNA), Mar. 11, 2004, at AA-2 (quoting AFL-CIO President John J. Sweeney). 2 See Fair Labor Organizing Act, S. 2389, 105th Cong. (1998); Right to Organize Act, S. 654, 106th Cong. (1999); Right to Organize Act of 2001, S. 1102, 107th Cong. (2001). Congressional Research Service **o The Library of Congress

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