Capitol Hill Republicans threw the first legislative punch in the fight over
union law on Wednesday, February 25. But Democrats could land a haymaker of
their own later with a bill that is much more likely to obtain congressional
approval.
Members of the House and Senate GOP introduced a bill that would mandate
secret-ballot elections to form a union. The measure is meant to counter a bill
Democrats could debut any day that would make it easier for employees to
organize.
Called the Employee Free Choice Act, the Democratic bill would force
companies to recognize unions when a majority of workers sign cards authorizing
one. Under current law, corporations can require a secret-ballot election
supervised by the National Labor Relations Board.
Proponents of the EFCA argue that it will protect workers from intimidation
and delaying tactics that employers use to stymie unions. But Republicans who
unveiled the Secret Ballot Protection Act on Wednesday assert that the EFCA
would foster union coercion during organizing campaigns because the cards have
to be signed publicly.
“With this bill, we’re sending the message that fundamental democratic rights
should not be negotiable,” said Rep. Howard “Buck” McKeon, R-California and
ranking Republican on the House Education and Labor Committee.
Whether the EFCA eliminates secret-ballot elections is a matter of debate.
Advocates say the bill lets employees choose whether to use a so-called
card-check process or secret ballots to organize.
Opponents say that by instituting a union when a majority of cards have been
collected, the bill would obviate any other method. Rep. John Kline, R-Minnesota
and a co-sponsor of the secret-ballot bill, said that in order for a secret
ballot to be used, there would have to be a parallel organizing campaign.
“I cannot imagine a scenario where [card check] does not come about,” Kline
said.
But the secret-ballot bill would not allow card-check elections under any
circumstances. Many companies, including AT&T, have allowed them
voluntarily.
The bill was launched with 101 House co-sponsors and 15 Senate co-sponsors,
all Republicans.
Despite being the top priority of organized labor, the EFCA has not yet been
introduced. Unions rallied for the bill at a February 4 event on Capitol Hill.
At a similar time during the previous Congress, the bill had been introduced
with 233 co-sponsors and approved by the House. It was stopped by a Senate
filibuster.
In the new Congress, Democrats have substantially increased their majorities
in the House and Senate. In addition, President Barack Obama was a co-sponsor of
the legislation when he was a senator and promoted it during his presidential
campaign.
Democratic leaders will introduce the bill “soon,” said Aaron Albright, a
spokesman for the House Education and Labor Committee. “We will have the
overwhelming support of the [Democratic] caucus and a few Republicans.”
Business and labor groups are locked in a fierce and expensive battle over
the bill. Corporate advocates say that it will raise the cost of doing business
in the midst of a recession.
Backers of the choice measure say that it will be an economic boon for
workers. As more of them organize, they will gain leverage to increase pay and
benefits.
The Economic Policy Institute on Wednesday, February 25, released a statement
by 25 economists in support of the bill.
Frank Levy, a professor of urban studies and planning at the Massachusetts
Institute of Technology, said that although productivity has increased by 45
percent since 1990, an average 40-year-old man with a high school diploma has
seen his wages stagnate. Someone with four years of college has earned an 18
percent wage increase.
“Even people with a bachelor’s degree are having trouble grabbing on to their
fair share of labor productivity,” Levy said in a media conference sponsored by the
Economic Policy Institute. “Unions are very weak, so that leaves the typical worker with weak
bargaining power.”
But Sen. Jim DeMint, R-South Carolina and a co-sponsor of the secret-ballot
bill, questions whether greater unionization ushered in by the choice measure
would benefit workers.
“This is the American auto industry business model—to force people to join a
union,” DeMint said. “We’ve seen how that worked.”
—Mark Schoeff Jr.
Workforce
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