The Employee Free Choice Act (EFCA or the act), introduced most recently as H.R. 1409 and S. 560 in the 111 th Congress, would have amended the National Labor Relations Act (NLRA) to allow union certification based on signed employee authorizations, provided a process for the bargaining of an initial agreement, and prescribed new penalties for certain unfair labor practices. This report reviews the current process for selecting a bargaining representative under the NLRA, and examines how the EFCA would have altered that process. In addition, this report discusses the other changes proposed by the act. Role of the Federal Mediation and Conciliation Service

In addition to providing for union certification without an election, the EFCA would have amended the NLRA to allow for the involvement of the Federal Mediation and Conciliation Service (FMCS) during the negotiation of an initial agreement following certification or recognition of a labor organization.
This report discusses legislative attempts to amend the National Labor Relations Act (NLRA) to allow for union certification without an election, based on signed employee authorizations. The Employee Free Choice Act (EFCA), introduced most recently as H.R. 1409 and S. 560 in the 111th Congress, would have allowed union certification based on signed authorizations, provided a process for the bargaining of an initial agreement, and prescribed new penalties for certain unfair labor practices. This report reviews the current process for selecting a bargaining representative under the NLRA and discusses the role of the Federal Mediation and Conciliation Service in resolving bargaining disputes under that act. The EFCA was introduced in four consecutive Congresses, beginning with the 108th Congress. Despite expectations, the measure was not reintroduced in the 112th Congress. During the 110th Congress, however, the House passed the measure by a vote of 241-185. In the Senate, proponents of the EFCA fell 9 votes short of the 60 votes needed to limit debate and proceed to final consideration of the bill.