It may not seem so long ago, but it was six years this month the
Employee Free Choice Act (EFCA) — better known as “Card Check —
was introduced in both Houses of the 109th Congress. The House bill
had 214 co-sponsors — including 11 Republicans; and the Senate
bill had 44 co-sponsors including then Senators Obama and Biden.
Thus began the most serious and protracted congressional battle
over labor legislation since 1978. (An earlier EFCA bill had been
introduced in the 108th Congress on Nov. 21, 2003, with 209
co-sponsors in the House and 37 in the Senate.)
Remember what “card check” would have done: (1) taken away
a worker’s right to a federally supervised secret ballot when
deciding whether or not to join a union; (2) permit a government
arbitrator to impose a two-year contract on employers and employees
— even if neither party consents to the contract terms; and (3)
increase penalties only on employers — not unions — in worker
representation disputes.
In early 2005, at the height of President Bush’s power,
with significant Republican majorities in both Houses of Congress,
not many could foresee the intense five-year battle over this
issue. But with the legislative situation and public awareness
significantly different today, let’s review some of the key dates
and events of the last six years.
In 2005 there was neither a hearing nor a vote on either
bill in either House of Congress — so those warning about a
possible replay of the legendary 1977-1978 congressional battle
over labor law reform legislation were told not to worry. As
organized labor quietly amassed commitments from Democrat
incumbents and office seekers and a few suicidal Republicans, much
of the natural opposition’s energy was focused on Social Security
and Immigration reform and two Supreme Court
confirmations.
After the 2006 elections and the Democrat takeover of both
houses of Congress things began to change. In February 2007 three
significant events took place: the card-check bill was reintroduced
in the House with 233 co-sponsors (though fewer Republicans,
because some of the former GOP co-sponsors had been defeated by
AFL-CIO backed challengers — see earlier reference to “suicidal”
Republicans) and 46 Senate co-sponsors; the formation of the
Coalition for a Democratic Workplace (CDW) was announced with
hundreds of trade associations and business organizations joining
together to oppose card check and educate the public about its
danger to the workplace and the nations’ economy; and the
announcement by Vice President Dick Cheney that should Congress
send card-check legislation to the President it would be vetoed. By
March card check passed the House 241-185, but in June fell nine
votes short of breaking a Senate filibuster — and both sides
prepared for a long battle.
In November 2008 a seismic shift occurred as labor-backed
Democrats increased their majorities in both Houses of Congress and
two co-sponsors of card check were elected President and Vice
President of the United States — largely through efforts of
organized labor’s political and financial support. But a funny
thing happened on the way to a slam dunk for Big Labor in the 111th
Congress: two years of education work by CDW, an active Chamber of
Commerce, critical editorials and opposition from a broad range of
pundits (ranging from Warren Buffett to Al Sharpton) slowed the
rush to action. The bill did not get introduced until March of 2009
and there were actually fewer co-sponsors in both Houses
than the identical bills introduced in February 2007; word leaked
out that Speaker Pelosi would not make her members vote on card
check until the Senate took action. Several other factors
contributed to the slow progress for card check during 2009:
Senator Arlen Specter switched parties and positions on allowing
the bill to come to a vote; well-known Democrat lobbyist Lanny
Davis made news by hinting at some compromise out of the blue (it
never materialized); and following the death of Ted Kennedy, Tom
Harkin assumed chairmanship of the Senate Committee of jurisdiction
saying he would bring up the bill in 2010. But the biggest
show-stopper of 2009 was the sizzling Wall Street Journal
column in opposition to card check by former Senator and Democratic
presidential nominee George McGovern — it had everyone talking and
drove union officials crazy.
As 2010 began more good news came the way of card-check
opponents: Scott Brown was elected to the Senate from Massachusetts
(while the unions supported his opponent); the Senate calendar
became full with health care and financial services reform and a
Supreme Court nominee to consider. Meanwhile President Obama’s poll
numbers continued to decline and in June organized labor suffered
its biggest defeat in a Democratic primary in memory when Sen.
Blanche Lincoln of Arkansas, who indicated she would not be voting
for card check, defeated a well-financed opponent heavily supported
by labor unions from all across the country. Perhaps the best
analysis of this primary election came from a senior White House
official who said, “Organized labor just flushed $10 million of
their members’ money down the toilet….”
As the Nov. 2010 election approached few Senate Democrats
wanted to vote on card check. After the election results were
tallied, it was clear both President Obama and organized labor
experienced a “shellacking.” During the lame-duck session many pet
issues were given one final vote by the Democratic congressional
leaders. But when the final gavel came down, card check never even
received a vote in either House of Congress — a real tribute to
the herculean effort of many organizations and individuals who
believe in the secret ballot and free enterprise.
What started out in 2003 as a bill that would never pass;
gathered a passing interest in 2005; earned a veto promise in 2007;
became talked about by some as inevitable to be enacted in 2009;
ended up in a legislative graveyard in 2010; and has yet to be
re-introduced in Congress in 2011… but keep your eyes on the
National Labor Relations Board.
