The proposed Employee Free Choice Act (AFCA) would make it easier for employees to select bargaining agents by allowing unions to become certified based upon authorization cards instead of secret ballot Labor Board elections. This practice would be similar to the practice employed by the Labor Board under the original NLRA from 1935 until 1947. To ensure that a majority of workers really desire representation, EFCA could require that 60% or 67% of employees in proposed bargaining units sign authorization cards before the designated union could be certified. EFCA would also require first contract arbitration in the many instances in which newly certified unions are unable to negotiate initial agreements.
Craver, Charles B., "How to Make the Much-Needed Employee Free Choice Act Politically Acceptable" (2010). GW Law Faculty Publications & Other Works. 473.