Argument: EFCA gives employees equal access to injunctive relief

Issue Report: Employee Free Choice Act


“The Employee Free Choice Act Meaningful. Remedies Against Employer Coercion”. AFL-CIO – “The Employee Free Choice Act gives employees equal access to injunctive relief. Currently, only employers are entitled to mandatory injunctive relief when their rights are violated. Employees and their unions have no similar remedy. Under current law, the NLRB is required to seek a federal court order to protect employers from certain prohibited conduct by unions. These cases receive top priority, and injunction petitions are filed in federal court within 72 hours of an employer filing a charge against a union. The Employee Free Choice Act mandates similar expedited injunctive relief when workers are fired or other significant violations of employees’ rights occur during organizing efforts or during the period when employees are seeking to negotiate a first contract. The NLRB must file for an injunction promptly after the filing of a meritorious charge, and courts may grant immediate interim relief, including immediate reinstatement of fired employees.”