Columbus partner Mike Asensio, who practices exclusively in the area of Management Labor and Employment Law, was quoted in a November 21, 2008, Nursing Executive Watch article, "Elections Usher in Union-Friendly Political Climate, as 'Card Check' Bill Looms on the Horizon."
The focus of the article is the Employee Free Choice Act (EFCA), a bill that would allow workers to organize via card checks rather than the usual secret ballots and aggressively regulates collective bargaining. According to the article, political observers are expecting that the Democratic party's recent political victories—both winning the White House and expanding a congressional majority—will speed passage of the legislation.
According to Asensio, EFCA's passage is a "foregone conclusion" in the House and could have an equally strong chance in the Senate, where it previously failed, because of additional senatorial seats the Democrats won in the November elections.
EFCA would also shorten the collective bargaining timeline and require arbitration, according to the article. While unions note that the shortened process would expedite contract negotiations, Asensio said that "it's rare" to have bargaining sessions move that quickly, adding that the provision sets a "high expectation" that might jeopardize employers and employees' interests by subjecting complex issues to a third-party arbitrator.
Characterizing the best protection against union activity as developing a "healthy" management-staff relationship, Asensio advocates ensuring that employees have a "clear opportunity" to seek advancement, a path to redress grievances, and good channels of communication to voice concerns.