What The Employee Free Choice Act Does Generally, The Employee Free Choice Act (EFCA) restores balance back to the way workers organize union and obtain a first contract in three ways: Lets workers decide how they will determine whether they will join a union: • Changes the National Labor Relations Act (NLRA) to allow workers to join a union if a majority sign union authorization cards. Requires, if necessary, mediation and binding arbitration on first contracts: • Allows either the employer or the workers to go to mediation after 90 days of negotiations. • Allows either the employer or the workers to request binding arbitration after 30 days of mediation. • Arbitration determinations are binding for 2 years. Increases penalties for NLRA violation • Authorizes fines of up to $20,000 (per violation) for willful or repeated NLRA violations during an organizing drive or first contract negotiations. • Triples back pay awards for workers fired or discriminated against. • Requires the NLRB to seek a court injunction against an employer if there is reasonable belief that the employer illegally fired, discriminated against an employee (or threatened to) or significantly interfered with employee rights during an organizing drive or first contract negotiations (This is how the law required the NLRB to seek an injunction against a union for a secondary boycott).