On the eve of the Presidential election, AFL-CIO president Richard Trumka declared that the Employee Free Choice Act ("EFCA") – the controversial measure that would make it significantly easier for workers to unionize – would be passed into law if President Obama is elected to a second term.

EFCA was a prominent part of President Obama's early platform, but stalled in Congress. The NLRB has sought to implement parts of EFCA via regulatory changes and case decisions. See our reports here and here. While efforts to adopt a broader version have not yet fully materialized, the Board continues to move in that direction. The bottom line is that the election today likely will have a direct impact on businesses and the process employees have to follow to form a union.

The Atlantic's full report on Trumka's comments can be found here.