The presumptive theory underlying the Employee Free Choice Act (EFCA) is that American labor policy is basically sound and only needs a bit of tweaking to stimulate a new round of union growth. An estimate, attributed to Andy Stern, claims that upon EFCA's passage union membership would increase by 1.5 million members per year for ten to fifteen years.1 That prognosis flies in the face of the Canadian experience, where legislation incorporating card-check provisions and first contract arbitration, EFCA's key features, has been in effect for some time.

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