The fates of the two
workers’ rights bills that passed a House committee this month could be headed
in opposite directions.
The Genetic Information
Non-Discrimination Act sailed through the House Education and Labor Committee in
about 30 minutes. A Senate counterpart committee approved a companion bill on
January 31.
In contrast, the bill
that would make workplace organizing easier, the Employee Free Choice Act, took
more than seven hours and has drawn a presidential veto
threat.
The bill would allow the
formation of a union if a majority of workers sign cards authorizing one. Under
current law, the so-called card-check process can only be used if an employer
agrees to it. A company can insist on a secret ballot.
“It should be the
employees’ choice, not employers’, and that’s really what the heart of this bill
is all about,” said Rep. George Miller, D-California and chairman of the House
labor committee.
Tensions emerged as
Democrats defeated, mostly on party-line votes, a dozen GOP amendments—including
one that would have mandated that union votes occur only by secret
ballot.
Cingular Wireless,
Costco, Harley-Davidson and Kaiser Permanente have allowed card-check union
formation. Cingular says it has increased employee
engagement.
During the hearing,
Democrats asserted that unionized workers have higher wages and benefits. If
more Americans could join unions, they asserted, it would bolster the middle
class. They said secret ballot voting fosters coercion by
employers.
Republicans countered
that the card-check system would subject workers to intimidation from unions
because they would be forced to make their preference known to their co-workers.
In addition, they said union politics is driving the
Democrats.
“Supporters of this bill
see the card check as a silver bullet through which organized labor will reverse
their recently sagging fortunes, because relying on the time-honored private
votes of workers hasn’t given them the results they’ve sought to maintain
power,” says Rep. Howard “Buck” McKeon, ranking Republican on the labor
committee.
About 12 percent of the
workforce is unionized, a proportion that has been steadily
declining.
The bill, which already
has 234 co-sponsors, is likely to be approved by the House. Its fate in the
Senate, where it has to garner 60 votes in order to avoid a filibuster, is much
more uncertain.
Washington that the bill violates workers’
rights to a secret ballot. Business interests also are mounting a fierce
campaign to defeat the legislation.
The genetics bill,
meanwhile, is cruising along with bipartisan comity. In the House hearing,
Republicans praised Democrats for working with them to ensure the bill cannot be
used as a federal mandate for insurers and employers to cover genetic-related
conditions. Other changes targeted the definition of a family member and
record-keeping procedures.
Employer groups have
said that the lack of genetic discrimination suits under current state laws
demonstrates there is no need for a federal bill. But there is broad support on
Capitol Hill for research.
“There is a clear need
for us to pass a law to protect genetic information from discriminatory uses,”
Miller said. “We all suffer if fears of lost jobs or health insurance stifle
these scientific advances.”
—Mark Schoeff
Jr.