Columbus partner Mike Asensio, who practices exclusively in the area of Management Labor and Employment Law, authored an article which appeared in the "Opinion" section of the November 21, 2008, edition of Business First Columbus titled, "Could Business See Compromise Over Employee Free Choice Act?" The focus of Asensio's article is the Employee Free Choice Act (EFCA), legislation that would make it easier for unions to organize employees in the private sector by substituting "card check recognition for the current secret ballot election as the means for employees to choose union representation." The EFCA would also "submit first-time contracts to binding arbitration 120 days after a union is certified" and "impose stronger penalties for employer violations of the National Labor Relations Act." According to Asensio, with President-elect Obama—a co-sponsor of the EFCA last year in the Senate—taking office and more Democrats in the House, it is likely the legislation will become law in 2009. There may be attempts to negotiate a compromise version of the bill, states Asensio. Asensio speculates on what amendments might be seen in the Senate to pass a revised bill, including:
Asensio concludes: "Since the election, labor has taken credit for Democrat victories in the White House and Congress. The U.S. Chamber of Commerce and others have commented that passage of the Employee Free Choice Act could worsen the economy. Both sides are gearing up for a fight in the Senate. With so much at stake, it remains to be seen whether either will try to negotiate a compromise. Though both may view compromise as failure, it could be a better outcome than failure without compromise."