The proposed Employee Free Choice Act would require that a neutral third party decide the terms of a first contract.

The Employee Free Choice Act primarily aimed to simplify the process for workers to form unions and did not mandate that a neutral third party decide the terms of a first contract. It proposed to allow for binding arbitration if a union and employer could not agree on a first contract within a certain time frame, but this is not the same as requiring a neutral third party to decide the terms from the outset.