The National Labor Relations Board, established in 1935 to administer the National Labor Relations Act and govern private sector relations between labor union, employers and employees, is currently operating with only 2 members on the 5-member Board. Wilma Liebman, Chairperson, (Bill Clinton appointee) and Peter Carey Schaumber (George W. Bush appointee) are the current Board members.

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Perhaps it is too early to begin vote counting in the ever-mounting fight over the Employee Free Choice Act (EFCA), but recent developments give anti-EFCA advocates some reason to be optimistic that this legislation will be slowed, if not stopped altogether, in becoming law.

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Described as a “banner day” by union leadership, Tuesday marked the introduction in the U.S. House of Representatives and U.S. Senate of the Employee Free Choice Act. The legislation was introduced in the House of Representatives by Rep. George Miller (D-Calif.) along with 222 cosponsors. The bill has been referred to the House Committee on Education and Labor.

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A “peremptory challenge” is an objection to a prospective juror that may be asserted without stating a reason or cause. Peremptory challenges are governed by Trial Rule 47 and Indiana Jury Rule 18. The peremptory challenge has “very old credentials” in Indiana litigation and operates to reject rather than select prospective jurors. It is an important tactical tool, the use of which is often guided more by a party’s intuitive impressions about a prospective juror, rather than the actual answers a juror provides in voir dire. In this manner, the peremptory challenge is very different from a challenge for cause.

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Conflicting messages are emerging from Capitol Hill and across the country from labor unions and pro-business groups on when the Employee Free Choice Act might be introduced before the House and Senate.

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