Employers beware: pending legislation will make it possible for unions to organize a workplace without ever having a union election and will allow arbitrators to set the terms and conditions of labor contracts if workers and management cannot agree. The Employee Free Choice Act, co-sponsored by President-Elect Obama. will likely be passed in some form in the near future. This sweeping legislation would fundamentally alter how unions are organized in the American workplace and how union contracts are negotiated. Employers need to prepare now for these changes.