Unions & Labor Law Reform Blog : Unions Lawyer & Attorney : Jackson Lewis Law Firm : Employee Free Choice Act, Collective Bargaining

Bloomberg.com reporter Holly Rosenkrantz believes things have been “looking up” for Organized Labor.  Rosenkrantz’s October 29 article cites several recent victories for Labor, including newly imposed federal tariffs on tires produced overseas for U.S. manufacturers, free trade agreements being put on hold and a potential rule change making it easier for airline workers to organize.  Despite the apparent differences among these victories, Rosenkrantz argues that there is a “common thread” linking them together — President Barack Obama. 

Rosenkrantz stated, “Organized labor is gaining momentum under the Democratic administration of President Barack Obama.”  University of California at Berkley Professor Harley Shaiken is quoted as supporting Rosenkrantz’s position, stating that “[a]fter eight years wandering in the wilderness, unions have unprecedented access to the White House.”  Further, AFL-CIO’s newly elected President, Richard Trumka, says he “meets monthly” with President Obama, and White House Spokesperson, Tommy Vietor, said Administration officials meet with labor leaders “frequently.” 

One thing is clear: after spending a record $450 million during the last election cycle, Organized Labor certainly has the “ear” of this Administration.

While she admits that Labor’s most important goals, EFCA and government-run health insurance, “remain[] in doubt,” Rosenkrantz observes that unions continue to “make[] other gains through executive orders, rule changes and appointments.”

One of this Blog’s authors, Michael J. Lotito, is quoted in the article, reminding us that despite the gains labor already has made, “[t]here is going to be a flurry of labor action down the pike.”

We welcome your thoughts.

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A press release from the Republican Committee on Education and Labor, “Poll: Quebecers Want to Say ‘Adieu’ to Card Check,” discusses a recent survey finding that Quebecers are unhappy with their existing labor laws, which currently permit the certification of unions based on signed union cards.  The survey found that more than 70% of Quebecers want their laws changed so that unions could only be certified based on the results of a secret-ballot election.  What is more, 80% of respondents in the Quebec survey who were union members felt “card check” should be eliminated and replaced with a secret ballot election system.  This suggests Quebecers overwhelmingly would support existing labor laws in the United States that provide for secret-ballot union representation elections and would reject EFCA’s card check substitute. 

Marcel Boyer, senior economist at the Montreal Economic Institute (MEI) said that “Quebec needs to overhaul its legal framework in labour relations, first by making secret ballot voting mandatory when union certification is being sought.”  Mr. Boyer also said such a reform would “guarantee that workers could express their real opinion….”

It seems as if those who have card check can’t wait to get rid of it!

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House Democrats plan to put EFCA on the House floor for a vote in about a month, a credible source just reported to this blog. We are not sure which version of EFCA will be sent to the floor, but House Democrats, with their overwhelming majority, could seek to pass the full version of EFCA, including its card-check provision. If the Senate passes the "Specter Compromise" version of EFCA, a Conference Committee would have to iron out the differences.

We will keep you informed of developments.
 

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This article received contributions from all of the EFCA & Labor Law Reform Blog authors.

U.S. Senator Arlen Specter (D-PA) pulled the curtains off of his revised version of the Employee Free Choice Act during the September 15 session of the AFL-CIO convention. He announced that his version, which he claims will “be totally satisfactory to labor,” will pass Congress this year.

Specter’s version of EFCA does not include the “card check” provision of the original EFCA bill. That provision would require the Labor Board to certify a union anytime it receives signed cards from a simple majority of eligible voters—thus, effectively eliminating the secret ballot election. Instead, Specter would provide for “quickie elections” where the time between the filing of a petition and the date an election is held is reduced significantly from the current period of about 42 days. Specter has not yet disclosed the exact length of time his bill would establish. Some have said it could be less than 15 days. Additionally, the Specter bill would give unions the right to access an employer’s facility if an employer holds mandatory meetings regarding the union election on company time. Specter’s EFCA also would increase employer liability for violations of the National Labor Relations Act to an amount triple that which the Act currently provides.

The mandatory interest arbitration also is revised. The Specter bill still calls for mandatory arbitration for first contracts, but frames the process as “baseball style” arbitration. Under this process, the arbitrator reviews the “last best offer” from the employer and the union and chooses one. Don’t let the term “baseball arbitration” conjure up positive images of America’s pastime. Baseball style arbitration is nothing more than a form of interest arbitration where terms and conditions of employment unacceptable to the owner of a business are imposed upon that employer by a government arbitrator.

Interestingly, during the convention, Senator Specter seemed to imply that incoming AFL-CIO president, Richard Trumka, signed off on his new EFCA bill. However, Trumka has vigorously denied this and insists that the full and original version of EFCA is still on the table and is the version of the bill that he demands be passed.

Let us know your thoughts.

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