thetruthaboutefca.com | The Truth About The Employee Free Choice Act & Card Check

Chalk up yet another editorial supporting the retention of a secret-ballot workplace election. This time, it’s from the Greenville News, which writes:

American workers should not be denied the right to organize, and the current system really is the best environment for unionization elections. The card check system opens the door to intimidation by union organizers. What worker wouldn

It’s hard to get much more direct that “Vote Against

Sen. Diane Feinstein is a leading Democrat whose concerns about the Employee Free Choice Act is stopping the bill from rushing through Congress to the president’s desk.

It’s good to see that she is receiving support from newspaper editors back home, where the Oakland Tribune has weighed in with an editorial that reads, in part: “We applaud Feinstein’s reluctance to promote such an unfair piece of legislation and hope that she does not change her mind.”

It’s no surprise that editors oppose the measure; dozens (if not hundreds) have. It’s blatantly unfair and bad for employers and employees alike. We’re just glad for each one that keeps public opposition to EFCA alive, and we continue to applaud Sen. Feinstein for keeping a protective eye out for our economy and workers.

Writing for the editorial board of the Daily Camera in Colorado, Erika Stutzman argues:

If a union collects signed cards from more than 50 percent of workers, there can be a forced unionization without the use of secret ballots. That could put undue pressure on workers to vote a certain way. Secret ballots should be protected, and even treasured, by those who want individuals to retain their right to make their own choices.

Well, it — the Employee Free Choice Act — can’t get better until it’s scrapped entirely and would-be labor reformers start again with a better set of goals. The Wall Street Journal this morning focuses on Sen. Arlen Specter’s announced effort to reformulate EFCA. The plan seems to include ambush elections and union access to employer facilities.

The Journal:

The new old “card check,” according to Mr. Specter, also gives unions unprecedented access to the workplace and meetings between employers and employees before a vote to unionize. Last we checked the Constitution, even in the age of Obama private companies haven’t signed away their property rights.

An equally problematic binding arbitration provision stays in. This idea would let a federal arbitrator impose a contract if the employer and a newly organized union aren’t able to agree within three months. In other words, a government-sponsored agent would decide what salaries and benefits management will have to pay its employees. Throw in the expanded access to company property, and this so-called compromise bill may be worse than the original.

It would be a feat, of sorts, to out-do the terrible aspects of the original bill. And, we would like to reiterate that (to our knowledge) employers do still have some rights worth preserving.

PS — Don’t forget that the binding arbitration provision could force newly unionized firms into failing union pension funds, creating immediate and massive new liabilities.

Just to continue the food metaphor for no particular reason other than it’s a simple way to get started for the week, the question for watchers of the Employee Free Choice Act is whether the issue is getting cold on the counter or just waiting to be heated and served.

While much of the world focuses on Sen. Harry Reid’s comment that EFCA is not on the table right now, news and commentary around the issue is actually percolating a bit more now than it was a few weeks ago. Here’s a smorgasbord of recent items:

• The Huffing Post crew wants to add card check and binding arbitration to Ted Kennedy’s legacy
• The mayor of Park Forest, Illinois — who also happens to be a teachers union representative, writes: “For Labor, After Health Care Reform Next Goal Is Passing EFCA” … glad to see opinions like this embedded into our local governments and protecting bad teachers
• The influential Advertiser in Louisiana editorializes: “Labor has a history of intimidating employees into voting for a union. Management has a history of retaliating against those who do. The default position should be a secret ballot that protects workers from undue influence by either side. Rep. Melancon is a co-sponsor of the act, although he appears to be moving away from the card-check provision. Sen. Landrieu should do the same.”
• Tampa business leader: “EFCA – with or without the card-check provision – would fundamentally change that, and in the process, change the way we do business. It would have the unintended consequence of damaging our ability to compete and therefore would put in jeopardy the jobs that EFCA purports to protect.”
• The letter to the editor you must read today: “Our Maginot Line”