The Public Policy
Beyond Card Check
Card check may be unpopular, but a repackaged version of the Employee Free Choice Act remains in the works.
Next up for the far-left on Capitol Hill could be a repackaged version of legislation replete with highly coercive, anti-democratic language inserted at the behest of labor bosses to rejuvenate their depleted ranks.
With public opinion heavily weighted against the “card check” provision of the Employee Free Choice Act (EFCA), key Democratic senators have signaled their interest in offering up a compromise to mollify moderates in their own party.
At least six Senate Democrats appear willing to drop card check in exchange for maintaining other labor priorities such as binding arbitration. Sen. Tom Harkin (D-Iowa), EFCA’s lead sponsor in the upper chamber, has joined with Sherrod Brown of Ohio, Thomas R. Carper of Delaware, Mark Pryor of Arkansas, Charles E. Schumer of New York and Arlen Specter of Pennsylvania to discuss the possibility of a compromise, according to other press reports.
Bergen Kenny, a spokesperson for Sen. Tom Harkin (D-Iowa), EFCA’s leading sponsor in the upper chamber, has said that labor law reform remains alive in the current session of Congress. She has declined to comment on the details of on-going negotiations.
Under card check, the National Labor Relations Board (NLRB) would be required to certify a union without a secret ballot election once labor representatives obtained signatures from 51 percent of a company’s workforce.
In practice this means workers would no longer have the opportunity to debate the merits of a particular union and to cast their votes in private. Moreover, union bosses would be in control of the cards and would know who signed for and against representation.
Free market advocacy groups such as the Workforce Fairness Institute (WFI), National Right to Work (NRTW) and the Chamber of Commerce have helped to galvanize public opposition by flushing out the bill’s anti-democratic provisions. Polling data suggests their campaign has been effective.
Over 60 percent of Americans favor the use of secret ballots in unionization elections, while only about 30 percent support card check as an alternative, the most recent Rasmussen Reports survey shows. Another poll organized through the National Retail Federation (NRF) found that union and non-union members oppose card check in roughly equal measure.
Almost 82 percent of non-union members favored keeping the secret ballot in comparison with almost 84 percent of union members, according to NRF data.
Even so, EFCA remains the top legislative priority for organized labor, which contributed substantial sums to congressional Democrats and the Obama Administration.
In the 2008 election cycle, labor union political action committees (PACS) contributed over $66 million dollars to congressional candidates with 92 percent of those contributions going to Democrats, according to OpenSecrets.org. Labor PACs also contributed $531,711 to Barack Obama that same year, the most of any U.S. senator.
Obama also received $28 million in independent expenditures from the Service Employees International Union (SEIU) for his presidential campaign. It is also worth noting that Labor Secretary Hilda Solis has received over $900,000 from organized labor for her congressional campaigns, including over $30,000 from the SEIU.
The connection with SEIU is of particular importance because it continues to lead the charge for EFCA, even as it loses support. Despite talk of a possible compromise, SEIU President Andy Stern has been insistent upon a straight up and down vote on card check.
Ivan Osorio, a labor expert with The Competitive Enterprise Institute (CEI) has identified the SEIU has the single biggest driving force behind EFCA. He anticipates that its communications strategy will become even more strident now that some Democrats appear to be backing away.
Union bosses understand that labor unions have become less relevant to the needs of workers in the 21st century. In an economy where workers are more mobile between jobs and employers place a greater premium on individual skills, the idea of collective bargaining is properly viewed as an antiquated notion.
About the Author
Kevin Mooney is an investigative reporter with free market think tanks associated with the Franklin Center for Government and Public Integrity. He has also written for the Daily Caller, the Washington Times, the Washington Examiner, NetRightDaily.com and NewsBusters.
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Northern Rebel| 12.1.09 @ 8:49AM
I've lived long enough to see a massive transfer of power in America. In 1960, the most powerful entity in the country was NOT the federal government. (Shocking, ehh?)
The Mafia was the most powerful organization in America, with the Labor unions by their side, laundering their money.
The 1957 Appalachia scandal focused the average American on the mob for the first time, and they demanded action.
They got it.
The federal government set out to dismantle much of the mafia's influence, and when they succeeded, co-opted the power for themselves.
Big labor, shameless and pragmatic, quickly switched sides, and followed the money.
Given the choice of the mafia, or federal government, I'd reluctantly choose the mafia.
At least the mafia believed in capitalism!
Margie| 12.1.09 @ 12:30PM
Mr. Rebel,
Now that's the 2nd post I've seen where you seem to be "in favor" of the Mafia. :^(
Obama college grants | 3.3.10 @ 3:00PM
I don't think I agree with the Employee Free Choice Act (EFCA). There are flaws that need to be fixed. Why does government need to take forever to make some real changes. Its saddening.
Income Drawdown | 3.4.10 @ 3:20AM
I can't believe that you choose the mafia. But i'ts your own choice, and you must be have your own argument.
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Nick| 12.20.10 @ 3:27PM
I do not agree with the EFCA either it doesn't seem like it can really hold up well.
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Herschel Krustovski| 12.1.09 @ 9:14AM
The video of this Andy Stern with Bill Moyers has him saying something like "...if we can't use the power of persuasion, then we'll use persuation of power..." Seems to fit their goals of a thugocracy to me. Time for a re-lect nobody platform among the electorate.
Pingback| 12.1.09 @ 9:48AM
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Northern Rebel| 12.1.09 @ 3:30PM
Margie:
I mean it only as Rush likes to describe it:
Illustrating absurdity with the absurd.
Margie| 12.1.09 @ 4:16PM
...well, thank goodness. (whew.)
Lazy Jack | 12.1.09 @ 5:41PM
An excerpt from an older blog from March 2009 entitled ‘No Mistake Too Big To Repeat.’
In 1935, for example, a major piece of legislation, the Wagner Act, became the capstone of three years of Keynesian and populist experimentation. This piece of labor legislation sought to redress some of the imbalances of power between labor and management at companies operating in the U.S. Today’s version is the Employee Free Choice Act. Within twenty-four months of the Wagner Act’s enactment, the unemployment rate in the U.S. increased from 14% to 19%.
What do you suppose are the odds it will happen again?
For More:
http://thanksforthelaughs.word.....to-repeat/
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Dale | 3.3.10 @ 1:01PM
I just hope that a fair balance between employer & employee can be found!
john t taxes| 3.4.10 @ 8:38PM
Yes but will any of this actually help out any of us with serious debt?
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BestBingoSpots | 3.5.10 @ 12:42PM
I think that the secret ballots are the way to go. Without that, the bosses can take advantage of who voted good, and who voted bad.
heath leeds | 3.7.10 @ 8:49PM
excellent post there! really informative!
Grants For New Business | 3.9.10 @ 3:42PM
This post has really interesting points. With votes being private, who can say that the voters will actually vote according to what they believe in? Politicians who're at risk of losing their puppet salaries will surely be able to alter the outcome!
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Derek Cullen | 3.28.10 @ 12:52AM
I didn't know that over 60 percent of Americans favor the use of secret ballots in unionization elections, while only about 30 percent support card check as an alternative. I thought we are more prone to using new technologies and faster methods.
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The Employee Free Choice Act, supported by a bipartisan coalition in Congress, would enable working people to bargain for better benefits, wages and working conditions by restoring workers’ freedom to choose for themselves whether to join a union.
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