The NLRB Modernization Act would require employers to provide labor organizations with equal access to employees prior to a representation election. Specifically upsetting for employers is the provision that requires it to notify the union of “any activities the employer intends to engage in to campaign in opposition of the union” – this includes meetings, announcements, signs, literature, etc. It also contains EFCA-like provisions like increasing employer penalties for unfair labor practices during organizing campaigns and to expedite the bargaining process for first agreements. Unlike EFCA, though, this bill lacks the controversial card check provision.
This bill was introduced by Democratic Representative Joe Sestak from Pennsylvania in early March in what appeared to be the first compromise bill for EFCA. Since then, EFCA has lost many key Senators and a compromise is certainly required if any form of the Employer Free Choice Act will become law. I don’t think that this compromise will be what we see, but it at least got the ball rolling on how Democrats view the compromised bill.