Here comes card-check/EFCA: Another bipartisan bridge to nowhere

Big day today for heated controversy in D.C. Maybe you felt the heat on the side of your face facing East. And it's not going away for many months. Count on it.

Democrats, now obviously controlling Capitol Hill and the White House, introduced a long-promised, eagerly anticipated, much-dreaded, surely divisive, middle-class-encouraging, job-threatening piece of legislation in both houses to change the way American workers can opt for or against union representation at the plant.

Democrats call it the Employee Free Choice Act (EFCA; store that one in your cranial RAM as you'll hear it often). Republicans and employers call it "card check." (Ditto.) Right now, in a vote to decide whether a plant will have a union, workers have the right to a secret ballot. (See amazing Teamsters news release below.) The unions and their supporters want a simple nonsecret card where workers could check "yes" or "no," likely in the presence of a persuasive union official.

Unions claim elections are costly and time-consuming, allowing employers to make a case against voting yes. Employers say two union officials showing up at a worker's door, asking him to....

...check a card, is potentially intimidating. And what's wrong with neither employer nor union knowing how anyone votes with the good old all-American secret ballot?

Unions have seen their memberships dwindle to around 12% of the workforce currently. They claim more members would increase the middle class. Employers say more militant unions mean more jobs overseas.

President Obama and many Democrats "support" card check publicly. And the union memberships, their donations and ads certainly played more than a 12% role in electing him and them last year. So labor feels it's time for payback. Or retribution.

Secretly, however, Democratic leadership is wary, especially with so many other issues on the table right now, mainly economic and often involving management. Plus after Obama's speech today you must add a complete national education overhaul to the spending/shopping/fighting list.

Missouri Democrat Claire McCaskill said as recently as Sunday she's unsure if her party has the 60 Senate votes necessary (meaning they don't), even if Al Franken ever gets a validated ticket out of Minnesota. And Nebraska's moderate Democratic senator, Ben Nelson, announced today he's agin it.

So what to do? As ever, Washington's answer is talk and fight. It'll be a lucrative five or six months at least for those (in)famous lobbyists, who don't mind being much-hated as long as they're much-paid. ABC's George Stephanopoulos reports today that Senate Majority Leader Harry Reid won't bring the measure up until summer at the earliest, possibly July.

In the House, where support is greater, Speaker Nancy Pelosi has taken a firm, unequivocal stand to wait and see the Senate outcome. Our colleague Frank James has more reaction over in the Swamp.

As for the president, well, as often seems to happen, he can be read two ways. Obama thinks unions are important, workers have lost leverage, wages have flat-lined, he agrees with the "basic outlines" of EFCA and, of course, President Bush screwed it up.

But in the same Washington Post interview, Obama also expressed willingness to talk with management about tweaks and modifications. Which, concerning ballot secrecy at least, seems to some like debating pregnancy: You are or you aren't; it is or it isn't.

Then, Obama warned that "in terms of timetable," losing a half-million (potential union) jobs a month in a souring economy prompts him to first focus his attentions there.

So the absolute hard-rock, count-on-it bottom line is: Obama is for EFCA. He's willing to change EFCA. And in terms of when, he hasn't said. Take that to a bailed-out bank and cash it.

But, first, check out this Teamster's news release below, especially the quote we boldfaced from president Jim Hoffa, who endorsed Obama and is different from the missing Jimmy Hoffa, who's still late for his last dental appointment.

-- Andrew Malcolm

Speaking of secret ballots, cast yours here to register for Ticket alerts via Twitter.

Hoffa Commends Sponsors of Employee Free Choice Act

By: PR Newswire:  Teamsters President Blasts False Claims About Secret Ballots

WASHINGTON, March 10 /PRNewswire-USNewswire/ -- Teamsters General President Jim Hoffa today praised House and Senate sponsors of the Employee Free Choice Act.

The bill would give workers the choice of forming a union through majority sign-up or a National Labor Relations Board election. It would make it easier for workers to form a union.

"In these dire economic times, I can't think of a better way to restore stability to middle-class families than to strengthen unions," Hoffa said. "History shows that the economy does well when unions are strong."

Hoffa blasted the hostile, multimillion-dollar campaign to defeat the Employee Free Choice Act.

"This business about the Employee Free Choice Act taking away the secret ballot is nonsense spread by front groups for corporate fat cats who don't want to give up their $16,000 wastebaskets," Hoffa said.

"Since when is the secret ballot a basic tenet of democracy?" Hoffa said. "Town meetings in New England are as democratic as they come, and they don't use the secret ballot. Elections in the Soviet Union were by secret ballot, but those weren't democratic."

The bill would also strengthen penalties for violations against workers who are trying to organize or negotiate a first contract, and ensure all parties negotiate a first contract in good faith.

For 74 years, workers have formed unions either through majority sign-up or a NLRB election. However, employers can veto workers' decision to organize through majority sign-up and force them into a divisive NLRB election process. A recent study shows that a pro-union worker is illegally fired in a quarter of all organizing campaigns for NLRB election.

Founded in 1903, the International Brotherhood of Teamsters represents 1.4 million hardworking men and women in the United States, Canada and Puerto Rico. Source: International Brotherhood of Teamsters.   ###

Photo: Teamsters.org

Comments

[Michael]

EFCA was a good deal the the House when they knew it would be vetoed. Now they have to take it seriously, and the card check provisions, along with the interest arbitration, scare them. Look for a negotiated alternative by the end of the year.

[Brittanicus]

Sen.Harry Reid (D-NV) arch enemy of American workers, committed the ultimate sin today Reid and 49 Democrats blocked E-Verify in the Senate. Their traitorous actions shall be well remembered, when the grovel for re-election. They condemned hundreds of thousands in the construction industry, having to compete over jobs. Parasites are organisms that live of a host and that is what contractors will do, when they look for the cheapest labor they can find. Starting with the stimulus, then followed by the Omnibus spending plan this Senators blocked E-Verify.

Akaka (D-HI) Inouye (D-HI),Begich (D-AK),Bennet (D-CO) Udall (D-CO),Bingaman (D-NM) Udall(D-NM),Boxer (D-CA) Feinstein (D-CA),Brown (D-OH),Burris (D-IL) Durbin (D-IL),Byrd (D-WV) Rockefeller (D-WV),Cantwell (D-WA) Murray,(D-WA),Cardin (D-MD) Mikulski (D-MD),Carper (D-DE) Kaufman (D-DE),Casey (D-PA),Conrad (D-ND) Dorgan (D-ND),Dodd (D-CT) Lieberman.

Here's more Senators who killed E-Verify Here's more (ID-CT),Feingold (D-WI) Kohl (D-WI),Gillibrand (D-NY) Schumer (D-NY),Hagan (D-NC),Harkin (D-IA),Johnson (D-SD),Kerry (D-MA),Landrieu (D-LA),Shaheen (D-NH),Leahy (D-VT) Sanders (I-VT),Levin (D-MI) Stabenow (D-MI),Lincoln (D-AR) Pryor (D-AR),Menendez (D-NJ) Lautenberg (D-NJ),Merkley (D-OR) Wyden (D-OR),Nelson (D-FL),Reed (D-RI) Whitehouse (D-RI),Reid (D-NV) and Warner (D-VA).

They sold the American Worker out for campaign money from corporate lobbyists and open border fanatics. In this miserable time of unemployment and uncertainty from the janitor, to the computer programmer you will be REMEMBERED. You will not escape your insult to the American worker, who depends on your honesty to vote on their behalf. You have now proved the dimensions of how far you will go, to keep the illegal alien invasion crossing our borders, overstaying their ship or plane visa. The corruption so deeply instilled in the Washington elite. The tax billions of tax dollars taken from every, man, woman and child, to support the welfare of illegal aliens. Like Pearl harbor we will not forget the traitors who swore to uphold their allegiance to THE PEOPLE.

[daniel]

I vote democrat 90% of the time. I have been involved in union organizing drives. The intimidation, both strong arm and personal, to sign union cards is enormous. The right to vote in private is a fundamentaql right of democracy, and because employees often don't want the unions, the uinbions don't want to allow private voting. Card check is the most aggressive unamerican campaign I have ever seen, and I will never vote democrat again if card check is passed.

[David Blackburn]

Frankly, there are companies that deserve to be unionized. Before I retired, I was the general manager of some manufacturing plants. Management wields immense power over the lives of their employees and families. Our parent company called them the 'peeps'. We should make it easier for those hard-working individuals to negotiate!

[SN]

There's a great deal of inaccurate information about all of this. The EFCA legislation would allow employees to choose whether they wanted a simple "card check" or a "secret ballot" election regarding union representation.

Workers should have to right to choose which one they prefer. This is all that this legislation does. Right now, the election is the only legal alternative available and it always favors the company, which can put extreme pressure on its workers before any scheduled election.

I'm not a union employee. But I know that if there were no unions in this country, I would be paid less and be forced to work more hours with fewer benefits. Things we take for granted---like the 40 hour workweek---didn't exist before unions.

Unions raise the bar for all companies, whether they're unionized or not. They help create a new set of standards for American workers. They benefit all American citizens.

[Jerry]

I am a republican who supports this bill. This is not a partisan issue. It is instead an issue of whether employees should be treated fairly and have a work environment where you do not suffer fear of your business owner. One should be able to go to work and do a good job without being threatened, intimidated, or harrassed on a daily basis. Employers have gotten too big for their britches, and walk about in wanton disregard for the welfare of their employees. To them, it is only about making the next dollar to stuff in their coffers, and they do not care who suffers in the process. They will fire you without cause, because we live in a state where they do not need a reason. It's called a right to work law. It's really a right to fire you for any reason, or for no reason, thereby making certain you have no voice in their company. Even a suggestion can cause your removal. They can terminate for no reason, but you don't have a right to even question them about anything, or you could be terminated.

[Alexandra Pao]

I agree with David that some companies deserve to be unionized. I also agree with SN that we are enjoying the fruits of their (unions) labor. However, existing labor laws and legislatures have improved working conditions and eliminated the needs for unions. They are the reasons why union membership dropped in the past 50 years. Under NLRA, unions can call for a secret ballot election by collecting signed cards from just 30 percent of the worker population. In addition, unions currently win over 55 percent of all government supervised secret ballot elections. Contrary to their claims, unions are not at a disadvantage today and EFCA will actually encourage unions to be dishonest. EFCA encourages the unions to intimidate, coerce and lie to the workers because the “Card Check” gives them the ability to eliminate the secret ballot election and force their way into any organization. Secondly, EFCA does not encourage good faith bargaining from the unions in 2 ways: a) less work – union get a contract anyway in 120 days; b) this way unions don’t have to tell their members what they can or cannot have, the arbitrator will. Finally, EFCA panalizes the employers but NOT the unions for unfair labor practice during unionization campaigns. EFCA is a “Stimulus Package” for the union not our economy...

[joseph schorah]

I am a business agent for the Sheet Metal Workers, there is only one piece of information I would like to share. In over 70 years of Unions there have been about 45 cases of intimidation by UNIONS for card check to the NLRB. But just in the year 2007 there was over 200,000 cases of intimidation for card check by the employers to the national labor relations board, who's intimidating who. check it for yourself.

[Chris]

The only reason there has not been more intimidation filings against the uniions is that filing false complaints is not a ploy business owners use. Unions use fictitious complaints such as wrongful termination allegations that are meritless during campaigns. Unions unlike management are able to lie, spy, make false promises, intimidate and coerce without penalty. The NLRB has strong rules that restrict how management can campaign against unions. If management violates those rules the elections are closed and the business is forced to negotiate. If card check is passed do you really think that an employee has a free choice in choosing a secret ballot election while union thugs oops I mean organizers are at their doorstep watching them sign their interest card. The only protection an employee has is to get all the information from both sides and vote in secrecy. Not influenced by labor or managment. The reason unions are dying is because they are antiquated dinosours. I as a business owner have been through 3 union organizing campaigns never going to election because the unions lied to my employees about what they where getting into. I encouraged my employees to go to the unions and ask them questions like what happens if I get laid off, can I go look for work in my chosen field, what happens if I cross a picket line, do I pay dues when I'm not working, where will I be in line to get a job if I get laid off, how do I get a raise, will I be rewarded for working hard. Unions promote complaicancy, laziness and do not promote hard work and ingenuity, the very things that make America great. The union financiasl are public record and in my review of them the union local had spent ZERO dollars in the line item titled dollars spent for the betterment of the dues paying member. While the international had spent less than 1/10 of 1% on that same line. The bottom line is that when someone else dictates the cost of labor it does not allow for local, national or international competitiveness. Doesn't anyone remeber what happened to the airlines? Now take a look at what's happening to the auto industry or how about the City of New York trash workers pension. That pension alone is set to bankrupt our largest city in the next few years. The typical election won't start unless the unions have over 75% percent of the cards signed because they know that once the employees start finding out the truth the unions lose ground and often can't win an election. The unions started out protecting the American worker because of week or no labor laws. That is not the case today and there is no need for them. We have worker protection in agencies like the NLRB the EDD etc. They are dieing because they are not good for the American worker or business in general. All they want are your dues to fatten their coffers. Regardless of whether or not you are working.