Sen. Tom Harkin (D) of Iowa spoke to reporters on Capitol Hill in Washington following a news conference to announce the introduction of the Employee Free Choice Act on Tuesday.
(Susan Walsh/AP)Photos (1 of 1)
Controversial ‘card check’ bill back for fourth time
The business community says the bill, which makes it easier for workers to unionize, would be a job killer.
By Gail Russell Chaddock | Staff writer/ March 11, 2009 edition
Reporter Gail Russell Chaddock discusses the looming legislative battle over the Employee Free Choice Act.
Call it “Take 4” on Capitol Hill for a high-stakes bill that gives workers the right to unionize without a secret ballot – and dramatically expands government’s role in settling labor disputes.
The Employee Free Choice Act, or “card check,” has been introduced in the past three Congresses, but it always failed to win the 60 votes needed to pass controversial legislation in the Senate.
With expanded Democratic majorities in both the House and Senate – and a president pledging to sign the legislation – this year may be different.
“Today is one of those defining moments [in history], as we introduce legislation that puts power back into the hands of people who are truly the backbone of our economy,” said Sen. Tom Harkin (D) of Iowa in a press briefing on Tuesday.
With Rep. George Miller (D) of California, he announced the simultaneous launch of the bill in both houses of Congress.
The proposed law gives workers a choice of forming a union through majority sign-up (“card check”) or an election by secret ballot. The current election process, governed by the National Labor Relations Board, strongly favors employers, unions say.
The bill also beefs up penalties for employers that discriminate against workers for their union-organizing activity, including treble back pay for workers found to have been illegally fired.
Sponsors say the legislation would improve wages, benefits, and working conditions by helping workers form unions. Critics, including a mobilized business community, say it’s a job killer. Both sides have been gearing up ads and fundraising appeals.
For labor unions, a key constituency of the Democratic Party, the Employee Free Choice Act is the No. 1 legislative priority.
Activists predict the legislation will correct past disadvantages for labor and expand recruitment.
“In these dire economic times, I can’t think of a better way to restore stability to middle-class families than to strengthen unions, said Jim Hoffa, president of the International Brotherhood of Teamsters, in a statement.
On the other hand, opposing the bill is a top priority for Republicans and much of the US business community.
It’s also a game-changing issue for Republicans, who often find themselves targeted by labor activists in campaign seasons. “A lot of union dues are used to run campaigns against Republicans,” says Sen. John Cornyn (R) of Texas, who chairs the National Republican Senatorial Committee.
“What this would do is allow a huge pot of money to be accumulated to change the composition of Congress and pave the way for a big union agenda, which I think is the wrong direction when we’re worried about creating and retaining jobs,” he adds.
One of the most controversial features of the bill requires government arbitration if a contract dispute goes past 90 days.
Employers say it gives government an outsized hand in the management of business.
“That means that a government arbiter, who knows nothing about my business structure, is determining under what rules and conditions I’m going to operate,” says Bruce Josten, top lobbyist for the US Chamber of Commerce, which strongly opposes the bill.
“Not only does it set terms of employment, work rules, and wages, but an employer is bound by it for two years,” he adds.
A similar bill passed the House on March 1, 2007, by a vote of 241 to 185. On June 26, 2007, it fell nine votes short of the 60 votes needed to break a filibuster in the Senate.
In both houses, some lawmakers who have sponsored the bill in years past are holding off on their endorsements. Critics say that’s because with enhanced Democratic majorities on Capitol Hill, the bill has a real chance of passing this year – and sponsors will take heat for its consequences.
“I’m just waiting for it to unfold in committee and see what it looks like when it hits the floor,” says Sen. Mark Pryor (D) of Arkansas, who backed the bill in the last Congress.
“When business groups contact me in Arkansas, I listen to them just as I do to unions. My sense is we can find common ground on this, but we’re not just there yet,” he adds.
Sen. Susan Collins (R) of Maine, a GOP moderate who has helped broker many of the bipartisan deals in the Senate, says that she is opposing this bill because it does not guarantee a secret ballot to ensure that workers will be protected from intimidation – and because it gives government too heavy a hand in contract negotiations. The binding arbitration provisions in the bill “would be the most significant change in labor law in decades, and I think it’s ill advised,” she says.
Comments
2. Patrick Crowley | 03.12.09
I really hope this card check bill passes. It is amazing to me that - as fragile as our economy is right now- it isn’t law already. If this nation thinks the chamber of commerce will save our economy, we’re kidding ourselves. This isn’t he 1980’s any more. In today’s climate, our nation needs a more pro-worker protection, solidarity mindset. This moves us in the right direction.
3. John Galt | 03.12.09
This bill, IF it passes, will rip the scab off of the healing economic wound and cause an uncurable infection. 87% of Americans have chosen to remain union free. The initiative has already failed THREE TIMES. Three strikes and you are out. That’s as American as baseball.
4. Bob Reese Sr. | 03.12.09
Only the secret ballot vote gives a true results. I’d like to see Congress go to a secret ballot, it would eliminate a lot of pressures put on by a buddy buddy system of scratch my back and I’ll scratch yours. The secret ballot would make congress’s vote on Bills have a lot different out come.
5. EFCANOW | 03.12.09
Employee Free Choice Act Now Launches Website to Educate Public on Card Check Legislation
The Truth About EFCA.Org is part of a multi-faceted new media campaign slated to help shed light on the “card check” issue and expose some of the misinformation being spread by corporate front groups who oppose the EFCA and who try to continue their control and lavish life styles. Besides tracking the latest news on EFCA, the http://www.TheTruthAboutEFCA.Org website contains a link to our blog with contributions from EFCA bloggers and special guests.
Website: http://www.TheTruthAboutEFCA.Org
For More Information on EFCA please visit our websites and blog
http://www.employeefreechoiceactnow.org
http://efcaunionbustingclub.blogspot.com/
http://www.FreeChoiceActNow.Org
http://www.LaborUnionResources.Org
For more information on Employer FEAR, Coercion and Intimidation Union Busting Tactics Press Below
http://efcanow.blogspot.com/2009/02/just-say-no-to-employee-free-choice-act.html
6. Jim | 03.12.09
It’s amazing to me that Republicans accuse this legislation of having possible dire consequences for our economy. Exactly how did we get into the situation we are currently suffering? It’s not like their policies favoring total employer control have done us any good. I say move over and let labor have their turn. The scare tactics surrounding government arbitration also make me laugh. Arbitrators are not government employees. Arbitrators are skilled in the area of labor relation, are often professionally certified, are ideologically neutral, and often have years of experience in labor/employment law matters. Interest arbitration, if it went that far, would be conducted by a knowledgeable arbitrator. The goal of course, it to promote bargaining between employer and union which has been the overall goal of the NLRA. It’s good legislation introduced at a great time.
7. Jim | 03.12.09
It’s amazing to me that Republicans accuse this legislation of having possible dire consequences for our economy. Exactly how did we get into the situation we are currently suffering? It’s not like their policies favoring total employer control have done us any good. I say move over and let labor have their turn. The scare tactics surrounding government arbitration also make me laugh. Arbitrators are not government employees. Arbitrators are skilled in the area of labor relation, are often professionally certified, are ideologically neutral, and often have years of experience in labor/employment law matters. Interest arbitration, if it went that far, would be conducted by a knowledgeable arbitrator. The goal of course, is to promote bargaining between employer and union which has been the overall goal of the NLRA. Its good legislation introduced at a great time.
8. Jim | 03.12.09
Wouldn’t you be afraid if a card check vote was called? I could not vote no if a public “card check” vote was called, for fear of strong arm tactics. Welcome back to the 1930s.
9. cod6622003 | 03.12.09
You can thank “UNIONS” for the mess the auto industry is in right now, NUF SAID!!!!
11. JER | 03.12.09
It seems that virtually every issue we see today is followed with comments like some of those above, to the effect that “since this proposal changes the status quo, it must be a good idea, because look where the status quo has taken us”. I submit that most of our free market, democratic system is not broken and does not need wholesale change. Thoughtful, intelligent change and/or regulation is certainly called for in select areas, such as in the financial industry.
If anyone cares to see what labor control of American business will look like, just refer to those industries that are organized -for example the auto industry, and before that, the steel industry. Those that are in big trouble are unionized, and those that are not going bankrupt are open shop. Let’s not do to the rest of America what big labor did to the auto industry!
12. Walt Melko | 03.12.09
2. I like how you answered 1. Number 9 or cod6622003. Do you really think it was the unions? For those of us who have/or had belonged to a union. Know for a fact that unions have kept the wages in stride with inflation. They have kept all members in good standing with health care. Even though in the mid and late 90’s at the bargining table they were strong armed into paying into the cost of health care. It is still a good deal for all union members.
You attack unions of the auto industry. Try attacking the the top officals that run the company. All through the years, good or bad, making sure they got their bonuses. And if thinks got too hot they bailed and received a very handsome package, more that you and I and 100 members of a union will ever see in our life. Automation had some effect but not nearley as much as all the jobs and factories the AUTO industries sent over seas. How do you feel that your tax dollars helped bailed out the auot industries and not one of the three said they were bringing those jobs and factories back. Imagine what this country would be like if we had not closed the doors on the unions and stood behind them when they wanted to fight the loss of jobs. Stand up be a Man! A UNION MAN! In the plant the union worker knows the only ones who need a stewart is a troublemaker. Other than that the union is the backbone of the laborer. UAW 1069
13. Roy | 03.12.09
I am a blue collar worker and have enough sense to know that you dont keep attacking businesses. They create jobs the things that most people in this world go to to make a living. If you dont like working one place change jobs or careers if you dont like your pay.Also there are plenty of laws already that protect workers. Keep the government out of your life as much as you can they can not even run this country efficently.
14. former union worker now MBA | 03.13.09
Twice I worked in unionized plants where I was told to slow down. The shop steward insisted that jobs have to take as long as possible. If you don’t slow down, somebody’ll put **** in your lunchbox!
In a third plant, I was quietly but forcefully told that anyone who puts suggestions in the suggestion box, helping to improve productivity, would have to watch his back in the parking lot.
Unions rule by intimidation. Maybe the big union organizers, the ones who make a living and gain prestige by increasing union power, are pushing card checks as a way of empowering goons to line the pockets of the organizers!
The whole “labor vs management” class war is sooo 1900’s. Today, managers are learning to work _with_ the people on the plant floor. It’s sad that the old union bosses seem incapable of learning, unwilling to move into the 21st century.
15. Oh Please | 03.13.09
Don’t bother checking EFCANOW’s list of websites. I saw them. Total simplistic rubbish filled with BIG BOLD TYPE and BIG RED LETTERS that are usually associated with crackpots.
The unions still have no rational thought, just fear mongering.
16. former union worker now MBA | 03.13.09
I was an hourly worker in 3 factories. In two, the union stewards insisted that I slow down my work. In the third, I was forcefully told not to put suggestions in the suggestion box. There was plenty of intimidation and threats of violence.
Union organizers want to eliminate secret ballots because they want to increase the power of their intimidation. Union bosses get rich and powerful and gain prestige by increasing membership.
Unions destroy jobs, increase inflation, allow discrimination against women and minorities, and are totally against productivity.
But it’s easy to get lesser educated people to join unions by using fear, misinformation and intimidation. Card checks are a tool of bullies in the workplace.
This whole “labor vs management” warfare is sooo 1900s. Most modern managers have learned to work _with_ the people on the factory floor to increase productivity, improve working conditions, and treat people fairly.
It’s sad that the old union bosses refuse to learn, and are unable to join the rest of us in the 21st century.
17. Sunshine | 03.16.09
“The proposed law gives workers a choice of forming a union through majority sign-up (“card check”) or an election by secret ballot.”
I’ve tried but where is there evidence that card check will give employees have a choice between petition and secret ballot?
The text of the card check bill:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h1409ih.txt.pdf
says:
“If the Board finds a majority of employees in a unit,… has signed valid authorizations… the Board shall not direct an election but shall certify the individual or labor organization as the representative…”
This text expressly DENIES the secret ballot.
18. Tom | 03.17.09
The so-called Employee Free Choice Act takes away the Federally supervised secret ballot election because corrupt labor unions can’t leverage their thugs to intimidate workers into signing cards in this situation.
Even thought the secret ballot is a terrible thing to the big business of collecting union dues, the only way to de-certify a union within a place of business, even after the passage of this unethical and un-American bill is a FEDERALLY SUPERVISED SECRET BALLOT ELECTION. Huh, go figure.
The founding fathers would not believe the road we are going down.
19. John H. | 03.24.09
Let’s see, General Motors and Chrysler (Union Shop), Goin’ “belly -up”, the U.S. Postal Service, another union shop but with a twist…it’s a Gov’t run union shop!) Oops, goin’ belly-up. It is not looking good for Government run businesses (especially those run by the U.S. government. Seems to me that…oh, forget it.
20. Sparks | 03.25.09
In #17, Sunshine wrote:
“The proposed law gives workers a choice of forming a union through majority sign-up (“card check”) or an election by secret ballot.”
I’ve tried but where is there evidence that card check will give employees have a choice between petition and secret ballot?
——————————————
Reply: The ‘card check’ bill is an amendment to existing law. The preservation of the secret ballot is contained in — and unmodified by ‘card check’ — 29 U.S. Code Section 159 (c)(1)(A):
“(1) Whenever a petition shall have been filed, in accordance with such regulations as may be prescribed by the Board -
(A) by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a substantial number of employees -
(i) wish to be represented for collective bargaining and that their employer declines to recognize their representative … ”
The key words are “substantial number of employees”. If this number exceeds 50%, then ‘card check’ says that the union is in, no election needed (common sense). If this number is less than 50%, but still “substantial” (I suspect 30% would work), then the secret ballot is held as is current practice under current law.
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1. Ron K | 03.11.09
I really hope this card check bill fails. It is amazing to me that - as fragile as our economy is right now - it is even being considered. If this nation thinks more unions will save our economy, we’re kidding ourselves. This isn’t the 1930s anymore. In today’s climate, our nation needs a more pro-business creation, entrepreneurial mindset. This bill moves us in an opposite direction.