The Ominous Employee Free Choice Act
Richard A. Epstein
New York University School of Law; Stanford University - Hoover Institution on War, Revolution and Peace; University of Chicago - Law School
Regulation, Vol. 32, No. 1, pp. 48-54, Spring 2009
The proposed Employee Free Choice Act - better known as the 'Card Check' Act - represents a remarkable departure from U.S. labor law. The legislation does not include a number of features contained in previous labor laws that the Supreme Court has ruled were necessary for those laws to be constitutional. Hence, even under the legal philosophy that has governed U.S. labor law since the New Deal, the EFCA is a constitutional pariah.
Number of Pages in PDF File: 7
Keywords: efca, employee free choice act, nlrb, national labor review board, collective bargaining, wagner act, taft-harley act, landrum-griffin act, railway labor act
JEL Classification: N32 ,L40, L44, K31, K21, J50, J51, J52, J58Accepted Paper Series
Date posted: August 19, 2009
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