The Future Of EFCA - 'A Moving Target'

The debate over the Employee Free Choice Act (EFCA) is heating

up, but the situation remains very fluid. Recent statements by

President Obama, Labor Secretary Hilda Solis and key Democratic

Senators reflect continued public support for EFCA. Most notably,

yesterday, Sen. Arlen Specter (D-Penn.) announced at his speech to

the AFL-CIO that he, Sens. Tom Harkin (D-Iowa), Charles Schumer

(D-N.Y.) and Sherrod Brown (D-Ohio) have "pounded out" a

compromise with labor leaders that he believes will lead to the

passage of a bill "before the year is out...which will be

totally satisfactory to labor." However, late yesterday Sen.

Specter's office backpedaled and said Specter was simply being

optimistic about a compromise and clarified, "there's no

deal, so [there's' no language to share." Sen. Harkin

now is also denying that a deal has been reached, as is organized

labor.

The "deal" Sen. Specter outlined would

not include the controversial "card

check" provision, which would allow workers to organize by

signing union authorization cards instead of having to hold

secret-ballot elections. Other apparent compromise solutions

included:

Sharp limits on the time between organizers' declaration

that they have enough support to call an election and the day of

the vote. Such expedited "quickie" elections would

require a secret ballot election within five to 21 days after the

filing of an election petition demonstrating 30 percent of the

workers had signed cards asking for a union. Currently, the

median time for an election is 38 days, so the proposed revision

would significantly shorten the period an employer could get out

its message.

Guaranteed access for union organizers to workers if employers

hold mandatory anti-union meetings on company time.

Triple existing penalties for employers who violate labor law

rules.

"Last best offer arbitration" – the

approach used in baseball arbitration, in which the mediator has to

pick one offer or the other, which encourages the negotiators to

offer a reasonable deal. Such a mandatory arbitration provision

is at least as threatening to employers, if not more

threatening, than "card check."

Despite Sen. Specter's preemptive prediction that a

"compromise" bill will pass this year, obstacles to the

passage of EFCA remain. The recent passing of Sen. Edward M.

Kennedy and Sen. Robert C. Byrd's (D-W.Va.) serious illness

leave Senate Democrats shy of the 60 votes necessary to stop a

filibuster by Senate Republicans and bring...