California Senator Dianne Feinstein has withdrawn her support for the Employee Free Choice Act (EFCA), according to this editorial in the Oakland Tribune.  Because of the recession, the time is not right, according to Senator Feinstein, who stated that she still hopes a union/management compromise is possible.

Senator Feinstein’s withdrawal of support may put the nail in EFCA’s coffin – at least in its current form.  It remains possible that a modified form of EFCA – without the original bill’s controversial card-check provision – will still pass in late 2009 or 2010.  A revised EFCA will likely replace the card check with faster election periods, giving employers less time to actively campaign against unionization efforts.  Even with an apparently watered-down version of EFCA on the way, employers should be prepared to face a radically different set of federal labor laws as soon as January 1, 2010.  The Stoel Rives World of Employment will continue to keep an eye on EFCA and bring you updates as they occur.