Congressional indifference towards Big Labor’s top priority, the Employee Free Choice Act (EFCA), has resulted in a flurry of related activity within the Obama Administration as union leaders have focused their efforts squarely on achieving EFCA’s goals through the regulatory process. Actions taken by the DOL, NLRB and the Equal Employment Opportunity Commission (EEOC) will have a dramatic effect on the employer-employee relationship.
The NLRB reversed decades of precedent in their 2011 decision in Specialty Healthcare. The decision paves the way for unions to gerrymander workplaces to cherry pick a small segment of workers to establish micro-unions. Micro-unions will create unnecessary divisions within a workplace and undermine staffing flexibility while also reducing career development opportunities by limiting cross-training.