Argument: EFCA would force employers to campaign year-round
"The Impact of the Employee Free Choice Act on Employers". Ford and Harrison - "Employers Must Consider Year-Round Campaign. EFCA allows a union to gather signatures without the employer knowing anything about it until the union asks the NLRB for certification. At that point, it is too late for the employer to do anything about it. Facing that scheme, an employer would have to consider seriously communicating with employees throughout the year about the benefits of operating union-free. This not only would be a major distraction for the entire business, but also any discipline would take place in the context of the employer campaigning against the union. The odds of any adverse employment action becoming the subject of an unfair labor practice charge would increase dramatically."