“The Impact of the Employee Free Choice Act on Employers”. Ford and Harrison – Higher Union Density Could Mean Higher Costs. EFCA will undoubtedly reinvigorate Big Labor’s organizing efforts. This renewed energy and EFCA’s card-check process will almost certainly result in more organizing “victories” and thus increased union membership. As union membership climbs in various industries and geographic areas – combined with mandatory arbitration of first contracts – employers could see corresponding increases in labor costs. When you consider this on a national scale and in the context of highly competitive cost pressures, EFCA’s impact becomes significant.