MLA attorney and EFCA Report blogger Richard Hankins is quoted in today’s Financial Times on EFCA.  Lately, pro-EFCA forces have taken to accuse critics of "lying" about the EFCA’s provisions, claiming that it does not eliminate the secret ballot, but rather allows employees to decide whether they want to organize via secret-ballot election or via card-check.  Regarding this sophistry:

Employers say the secret ballot is vital to stop union organisers pressuring workers to sign up. "Workers won’t decide. Union organisers will decide," says Richard Hankins, a lawyer at McKenna Long & Aldridge, who represents businesses on labour issues. "That does concern a lot of people."

Another interesting passage from the piece reflects a likely reality not enough employers are currently preparing for:

If card check fails, there is likely to be a day of reckoning for Democrats whose support wavered. The price of continued union backing is likely to be some sort of compromise measure as well as the formation of a more liberal National Labor Relations Board and pro-union executive orders from Mr Obama, which would not have to navigate a doubtful Senate.