The EFCA Updates blog has a look at the ridiculous arbitration aspects of the “Employee Free Choice Act”:
Labor claims that many companies refuse to bargain in good faith with employees’ representatives. If this is true, and if the existing remedies are not sufficient to defer such conduct, then other remedies, such as civil penalties, should be considered. But legislation that would permit an arbitrator to “give” above-market wages would not be good for business or labor.