Playing Chicken with EFCA
Although compromise may be in the air with the Employee Free Choice Act, there are hard core organized labor advocates and hard core business opponents who’d rather play chicken. As previously noted, the likelihood of EFCA’s passage in its current form has evaporated. Some hard cores on both sides don’t want to budge, however, which means they’re content to wait until the November 2010 elections to see how the makeup of the U.S. Senate looks then.
As reported by the Washington Post, both sides take a big chance by playing chicken and avoiding compromise. It’s possible that the Democrats increase their numbers in 2010, making the current version of EFCA passable. The fact that some business leaders are acknowledging that federal labor law is outdated gives union leaders resolve to hang tough.
It’s possible that the numbers won’t change in 2010. The fact that a few Democrats are beginning to express concern about EFCA provides EFCA opponents the will to hunker down. No one knows what will happen in 2010, but from a historical perspective, it’s more likely for Republicans to make gains as the party out of power.
If organized labor gets the current version of EFCA enacted in 2010, it will have been worth the wait, since successful union organizing will take a big jump. If the numbers change in a way that makes EFCA impossible to pass, then no kind of labor reform is likely to occur, and business opponents will be patting themselves on the back.
Although it’s hard to read the tea leaves right now, I’m guessing there will be a serious attempt at compromise. If both sides are willing to give enough, then a version of EFCA can be passed pretty quickly. But some people just love to play political chicken.
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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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Great analogy to playing chicken!
Thanks, Paul.
Whether unionization is positive for business, the workforce, or the economy is a conversation best left to someone in a field other than mine. As an I/O Psychologist my interest lies in organizational success through the well-being of employees.
If no other good comes from EFCA, at least it is forcing companies to have an important conversation. In searching for ways to combat unionization, employers are realizing they need engaged employees – who feel communicated to, safe, valued, and a strong commitment to the company. I’ve been hearing a lot of chatter from the legal community about the need for ‘union vulnerability audits’ to ensure a satisfied workplace where unions are viewed unnecessary. Whether or not the EFCA passes I think employees (and organization) will benefit from the discussion.
Very well said, Michael. Very well said.