I'd suggest that reading the bill itself may make it clearer than all the media reports of its content. The bill is at http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.1409:

Let's not forget that the passage of a law by Congress does not make it constitutionally sound, nor does it make it bulletproof regarding protections contained in other laws that were not amended or repealed by passage of the bill.

After reading the EFCA, it seems ripe with the potential for boatloads of litigation. No surprise. This would not be the first time Congress passed a law to fulfill a political deal with certain special interest groups, knowing full well the law would be shot down in the courts.

What gives me the biggest chuckle is mediation and arbitration clause., which requires the Federal Mediation and Conciliation Service (FMCS) establish an "arbitration panel" to deal with cases the FMCS cannot resolve via mediation. That means: 1) putting together a steering committee to determine the panel membership requirements; 2) preparing the job descriptions, grade levels and other requirements for panel members; 3) getting the panel funded so it can hire employees; 4) establish a record-keeping system according to OMB and Privacy laws/regulations; 5) hire the panel members; 6) write and get approved its regulations for operation and public contact; 7) and then open its doors for business.

What makes it even funnier is that the bill proposes the arbitration panel be part of the FMCS. That creates a conflict-of-interest, as the panel would have to rule upon the actions of its superior. That will NEVER stand court scrutiny under constitutional "equal protection" provisions. In addition, it now has the federal government interfering with private contracts in violation of other existing laws, including the Civil Rights Act.

Oh yes, a campaign promise was kept, but the expense to all parties, including organized labor, in downstream litigation, will be downright abominable. All of the lawyer-legislators know what's going to happen afterwards,. but they are counting on how dumb their supporters really are.