With the Obama administration in the White House and an overwhelmingly Democratic Congress, passage of the Employee Free Choice Act (EFCA) appears likely. But it can and should be stopped if at all possible, given the adverse impact that it will have on the workplace and the overall economy. In The Case against the Employee Free Choice Act, Richard Epstein examines this proposed legislation and why it is a large step backward in labor relations that will work to the detriment of employees, employers, and the public at large.

The Employee Free Choice Act would strip American workers of their right to a private-ballot vote, require companies to submit to binding arbitration, and increase penalties for unfair labor practices committed by employers but not by unions. Congress should instead protect the privacy of American workers and guarantee their right to vote in an election before joining a union.