While much attention has been paid to the fact that the deceptively titled Employee Free Choice Act, or "union card check," would eliminate the private ballot for union organizing – leading to employee intimidation and harassment – the proposal's binding arbitration provisions are equally as problematic for employers and employees alike.

Union card check would replace the system of good faith collective bargaining with government binding arbitration. Under EFCA, once 51 percent of signatures are collected, the union is immediately recognized. From that point, both sides have 90 days to reach a contract agreement (an unreasonable time frame for first-time contract negotiations). After 90 days, either side can request mediation. After that 30-day period, a government arbitration panel would be brought in if an agreement still has not been reached. The arbitrator's decision is binding for two years.

In essence, a panel of government officials could officially be put in charge of running a business, making decisions on wages, hours and benefits, as well as other terms of employment such as management rights and outsourcing. Likewise, employees, who already would have lost the opportunity to vote in private on union organization, would no longer be able to vote on the contract.

A number of significant substantive questions regarding the binding arbitration requirement also remain unaddressed, including the qualifications and background of the arbitration panel; what information must be turned over to the arbitrator; and the recourse available for decisions that might be contrary to a company's business model.

The PA Chamber is leading the effort to stop enactment of organized labor's No. 1 priority in the new Congress. This starkly anti-business, anti-worker proposal threatens the economy and employee freedoms.