EFCA: Union Desperation Setting In?
Now that Senator Arlen Specter has announced he won’t vote for cloture if the Employee Free Choice Act is brought to the Senate floor and there’s a filibuster, it’s unlikely that EFCA, in its present form, will become law. That’s a blow to organized labor.
On the other hand, business groups are on the verge of celebration. They’ve been fighting hard against EFCA, constantly reminding anyone who’ll listen that EFCA is bad because, among other things, it eliminates the secret ballot union election.
The Wall Street Journal, an outspoken opponent of EFCA, wrote in a recent editorial:”The bill [EFCA] doesn’t remove the secret-ballot option from the National Labor Relations Act but in practice makes it a dead letter.” The Journal is technically correct. In theory, even with the passage of EFCA, there could still be a secret ballot election. In reality, EFCA will cause the secret ballot to go the way of Lehman Brothers.
The Service Employees International Union immediately posted a statement on its website quoting the first half of the above sentence and saying the Journal has had a change of heart. A union-sponsored group known as American Rights at Work then placed a half-page ad in the Washington Post, reading: “The Wall Street Journal catches big business IN A LIE.”
On March 27, the Journal published an article with the subtitle, “Too bad . . . Big Labor can’t read.” So, the fight isn’t over, but using a partial quote from the Journal to incorrectly argue a Journal about face may be a sign of desperation. It’s still possible for EFCA to pass if compromises are reached. If labor isn’t willing to compromise, then it’ll have to try to pick up votes from one or two new senators after the November 2010 elections.
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About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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It would be wrong for any business to celebrate this development publicly. It would just make that company look boorish. Keep in mind that the president’s term is four years, and we could see this legislation again. Besides, if the stock market is any indication of our economic health, businesses have a lot of other things still to worry about.
Paul,
Thanks very much for weighing in. I’ll have more on EFCA tomorrow.
John
Cry me a river! Really. E.
Thanks for keeping us up to date on so many issues John. Good work. E.