The Ominous Employee Free Choice Act

7 Pages Posted: 19 Aug 2009  

Richard A. Epstein

New York University School of Law; Stanford University - Hoover Institution on War, Revolution and Peace; University of Chicago - Law School

Date Written: 2009

Abstract

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.

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, J58

Suggested Citation

Epstein, Richard A., The Ominous Employee Free Choice Act (2009). Regulation, Vol. 32, No. 1, pp. 48-54, Spring 2009 . Available at SSRN: https://ssrn.com/abstract=1452762

Richard A. Epstein (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012
United States
(212) 992-8858 (Phone)
(212) 995-4894 (Fax)

Stanford University - Hoover Institution on War, Revolution and Peace

Stanford, CA 94305-6010
United States

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States
773-702-9563 (Phone)
773-702-0730 (Fax)

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