The following comment, by Peter Kirsanow, was posted on NRO--Conservative site. Kirsanow was (still is?) on the Board of the NLRB.
There's increasing speculation that the Employee Free Choice Act won't be taken up within the first 100 days of the Obama administration and that when it does come up for vote, the card check provision will be either diluted or stripped from the bill entirely.
Ever since Nov. 4 employers have been apoplectic that a Democratic president plus huge Democratic majorities in Congress meant the EFCA juggernaut couldn't be stopped. Consequently, removal or dilution of the card check provision would be met with relief by employer groups.
That relief would be misplaced. For some time, experts close to the EFCA debate have maintained that the strategy of EFCA proponents was to compromise on either the bill's card check provision or the mandatory arbitration provision in order to enhance the probability that at least one of those provisions would pass. Some contended that mandatory arbitration was always the principal goal of EFCA supporters.
Eliminating or modifying card check might quell concerns about "instant" unionization, but mandatory arbitration is no less troubling. EFCA opponents who concede mandatory arbitration in exchange for a more palatable card check provision are making a strategic error.
http://corner.nationalreview.com/post/?q=NWI5MjQ1YmRkZDBhMmZlZTYzZGRmNzcyZmFiYWUyYmU=