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The Proposed Employee Free Choice Act And A Recent U.S. Supreme Court Decision

Employment & Labor

By Peter K. Newman

On March 1, 2007 the House of Representatives passed the Employee Free Choice Act (H.R. 800) that would permit a union to be certified by the National Labor Relations Board based on an authorization card-check rather than a secret-ballot election. Previously on February 20, 2002, the U.S. Supreme Court declined to consider whether there should be a per se rule regarding the use of inflammatory, religious or racial comments during a union organizing campaign. Taken together, these two developments could lead to unforeseen adverse consequences for both unions and employers.

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admin @ March 9, 2007

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