Latest Developments on Collective Bargaining and Unionization (presented at the NACUA Higher Education Employment Law CLE Workshop)
The number one legislative priority for organized labor in 2010 remains what it was in 2009: the passage of the Employee Free Choice Act. The Employee Free Choice Act significantly amends the National Labor Relations Act (29 U.S.C. Section 151 et seq.) by changing the method by which unions can be certified as the representative of employee groups, altering the process for negotiations of first contract, and increasing penalties for employer unfair labor practices.
In a presentation on March 18, 2010, at the NACUA Higher Education Employment Law CLE Workshop, MBJ attorney Nicholas Digiovanni, Jr. discussed the Employee Free Choice Act and, more specifically, its potential impact on colleges and universities. Nick discusses the status of the bill, its key provisions, and what an employer can and should be doing to prepare for its passage. Nick also discusses how EFCA may jeopardize key NLRB decisions upon which higher education institutions have relied. To download Nick’s article, please click on the PDF link above.