A Republican senator who may be the key vote in determining the fate a
bill that would make it easier for workers to form unions declared his
opposition to the measure in a Senate floor speech Tuesday, March 24.
The bill, the Employee Free Choice Act, would force companies to recognize a
bargaining unit when more than half of workers at a site sign cards authorizing
one. Under current law, companies can demand a secret-ballot election monitored
by the National Labor Relations Board.
Sen. Arlen Specter, R-Pennsylvania, said that he is rejecting the bill
because of the so-called card-check provision and another one that would require
mandatory arbitration if the employer and union fail to reach agreement on a
first contract within 120 days.
Specter’s opposition likely means that all 41 Senate Republicans will stick
together in a procedural maneuver that prohibits a final vote. The measure went
down in 2007 on such a move, called a filibuster.
At that time, the Senate had 51 Democrats and 49 Republicans. It takes 60
votes to end a filibuster. In 2007, Specter voted against a filibuster.
After last fall’s election, the Senate has 41 Republicans and 58 Democrats,
pending the outcome of a disputed race in Minnesota.
The measure was reintroduced on March 10 because it did not become law in the
previous Congress.
The bill has garnered fewer co-sponsors this time around than it did in 2007,
including Democrats who previously supported it.
A fierce lobbying war has erupted over the bill. Organized labor says it is
vital for raising workers’ living standards. Business interests say that it robs
them of their right to a secret ballot and would raise the cost of doing
business.
The top priority of organized labor, the bill likely would sharply increase
the number of union members. Currently, 7.6 percent of private-sector workers
are organized.
Proponents say that the bill does not eliminate secret-ballot elections. It
gives workers the card-check alternative so that they can form unions without
being subject to bullying tactics from management.
Opponents of the bill counter that the public signing of cards would make
workers vulnerable to strong-arm union tactics. Many union drives are currently
decided by card check, when companies acquiesce to the process.
Specter, a moderate Republican who has received labor support throughout his
five terms in the Senate, said that there is “widespread intimidation on both
sides.”
But he said that the union bill is not the appropriate remedy—nor is it an
avenue to ensuring that more workers receive wage and benefit increases through
union leverage.
“President Obama has pressed labor’s argument that the middle class needs to
be strengthened through more power to unions in their negotiations with
business,” Specter said. “The better way to expand labor’s clout in collective
bargaining is through amendments to the NLRA [National Labor Relations Act]
rather than on eliminating the secret ballot and mandatory arbitration.”
Although they now have a steeper climb to get the bill enacted, supporters
are maintaining their resolve.
“We will continue to work with Democrats and Republicans to pass this vital
legislation and make the economy work for everyone again,” said Mary Beth
Maxwell, executive director of American Rights at Work.
Specter’s decision may force both sides to do something that they say they
adamantly oppose—compromise. Recently, three companies—Costco, Whole Foods and
Starbucks—formed the Committee for a Level Playing Field and offered an
alternative proposal, which was rejected by EFCA supporters.
“We agree with Sen. Specter in his statement today that a third way is needed
other than the card-check bill to reform labor laws, one that attempts to level
the playing field for both management and labor,” said Lanny J. Davis, an
attorney for the committee. “We would be happy to work with him, other
congressional members and other parties on this effort in the weeks and months
ahead.”
But a business group warned against any proposal that includes the card-check
idea.
“We urge all senators to oppose any efforts that would take away the
protection of the private ballot, impose binding interest arbitration on
America’s small businesses and other employers, or create one-sided remedies,”
said U.S. Chamber of Commerce president and CEO Thomas Donohue in a
statement.
Specter said that he might give EFCA a second chance down the road.
“If efforts are unsuccessful to give labor sufficient bargaining power
through amendments to the NLRA, then I would be willing to reconsider Employee
Free Choice legislation when the economy returns to normalcy,” he said.
—Mark Schoeff Jr.
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