Card Check: The War Of Words (Or Names)

Wednesday, July 22nd, 2009 by Admin

Many in the employer community are concerned that proponents of the sadly misnamed Employee Free Choice Act have seized on a confusingly timed bit of news suggesting the “card check” provision of the bill is dead. That’s not the case — we hear constant stories about folks up on Capitol Hill trying to re-brand EFCA because it has become, in the words of Sen. Tom Harkin, “toxic.”

So we recently weighed in with a reference to The Usual Suspects, adding our two cents to musings by our friends at Shopfloor.org. Now we want to draw your attention to analysis of EFCAreport.com, the great resource from McKenna Long & Aldridge management attorneys. They write:

The response to the Times story was immediate and forceful. Business interests and EFCA opponents quickly condemned the possible development and began to focus more intense criticism on EFCA’s mandatory interest arbitration provisions.

Lest it be lost in the shuffle, however, there appears to have been a simultaneous increased effort on the part of labor to re-brand the mechanism proposed by Section 2 of EFCA as “majority sign-up.” While that has been terminology used by supporters for some time, and increasingly as labor realized how politically toxic the term “card-check” had likely become. But in the wake of Friday’s developments, there appears to be a stronger and more concerted effort to change the vocabulary of the discussion on this particular issue — perhaps to soften it politically while we await the ultimate announcement of what comes next. We shall see as the conversation continues.

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