Simmering labor legislation reached a boiling point on Capitol Hill on
Wednesday, February 4.
Hundreds of union workers and other supporters of a bill that would make it
easier for employees to establish bargaining units gathered in a rally across
the street from the Senate.
The event marked the launch of an aggressive effort by organized labor to
gain congressional approval—and a presidential signature—for the Employee Free
Choice Act, a bill that will be introduced soon.
The measure would allow workers to form a union by signing cards and prevent
companies from demanding a secret-ballot election supervised by the National
Labor Relations Board.
After the rally, workers were to begin delivering petitions they said
contained 1.5 million signatures of support for the bill.
Also on Wednesday, the U.S. Chamber of Commerce vowed to ramp up its campaign
against the legislation, and the National Association of Manufacturers sent 50
executives and other corporate leaders to Congress to lobby against it.
“This is a bill that will be no less than a firestorm on Capitol Hill,” said
Randel Johnson, vice president for labor, immigration and employee benefits at
the chamber.
During the last Congress, the legislation was approved by the House but was
blocked in the Senate. Democrats there are hopeful that their larger majority,
which is now 59 pending the final results of a Minnesota race, will help allow
them to overcome a filibuster with 60 votes.
In addition, President Barack Obama touted the bill, which he co-sponsored in
the Senate, during his campaign last fall. But since the election, Obama has
been reticent about the legislation.
He didn’t highlight it when announcing Rep. Hilda Solis as his nominee for
labor secretary. Solis declined to state a position on the bill in her Senate
hearing
despite having voted for it in the House.
The first employment bill Obama signed was a pay discrimination measure.
He followed that by signing three executive orders that bolster unions at
federal contractors.
But so far the new Congress lacks its version of the Employee Free Choice
Act. Rep. George Miller, D-California and chairman of the House Education and
Labor Committee, said the measure would be introduced shortly.
“Soon. No more than weeks,” he told reporters while making his way from the
rally back to his office.
In his exhortations to the crowd, Miller said that the bill would enable
workers to join unions without being intimidated by their bosses.
That would give them leverage to raise their wages, increase their benefits
and get their fair portion of the gains from their productivity, which is now
going to “corporate elites,” such as executives and shareholders, according to
Miller.
“You’re entitled to share in your productivity, your creativity, your hard
work,” Miller said.
Detractors assert that the bill violates workers’ right to a secret-ballot
union election, making them vulnerable to intimidation tactics from union
leaders. Supporters say the bill gives workers a choice between a secret ballot
and a card-check process.
Opponents also worry about a provision that would send a first contract to
binding arbitration within 120 days if labor and management cannot reach an
agreement. They say that would give the government unprecedented power over pay,
benefits and work rules. Advocates say the timeline ensures that the first
contract won’t be delayed to death.
The bill is the top priority for organized labor. The AFL-CIO was not shy in
pointing out the day after the election that it spent $250 million and set up
extensive grass-roots networks to help elect Obama and other Democrats.
The Chamber of Commerce refuses to back down. Since last spring, it has spent
$10 million opposing the card-check bill and will “substantially increase” that
amount in coming weeks, according to Steven Law, the chamber’s chief legal
officer and general counsel.
As the war begins, neither side is contemplating compromise.
“It will pass,” Miller said.
The business community also is digging in. “There is not a middle ground on
this bill,” Johnson said.
To achieve their goal, business advocates will have to keep all 41 GOP
senators on board for a filibuster or persuade some Southern Democrats from
right-to-work states to come over to their side.
Both supporters and opponents of the bill say that building support will be
more difficult this year because members know that if Congress approves the
legislation, a Democratic president is ready to sign it into law. Without a
presidential veto looming, there will be no “free vote.”
—Mark Schoeff Jr.
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