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

Caroline Kennedy spoke about her late uncle Ted to the AFL-CIO convention on September 14. Most appropriately, the late-Senator Edward M. Kennedy was recognized for his consistent support of Labor over his decades of service.

According to Senator Tom Harkin (D-IA), Labor narrowly missed getting its greatest prize – EFCA – as a result of Senator Kennedy’s battle with cancer. Senator Harkin claims that a “EFCA compromise” was reached in July and was ready for a vote, but Senator Kennedy was too ill to participate in person.

Where are we today with EFCA? The AFL-CIO’s John Sweeney told BNA, “we’ve been doing a lot of work behind the scenes…” with Senators to gain EFCA’s passage.

Bill Samuel, the AFL-CIO’s legislative director, has spoken of a “compromise” where fast elections and majority sign up recognition under certain circumstances would be appropriate.

Labor Secretary Hilda Solis spoke strongly in favor of EFCA during her AFL-CIO convention speech.

Senate Majority Leader Harry Reid (D-NV), who a few weeks ago, said EFCA would not come up this year, told the union convention by video feed that he wants to pass EFCA “swiftly”.

Richard Trumka, citing the need for more aggressive Labor leadership, including the passage of EFCA, has proclaimed that “we need to be a labor movement that stands by our friends, punishes its enemies, and challenges those who, well, can’t seem to decide which side they’re on….”

In addition, there are a handful of Democratic senators who are not sure “which side they’re on,” but covet Labor support, or at least its neutrality, as they stand for re-election.

Then there is the empty Senate seat – from Massachusetts. We don’t know whether an appointed or elected candidate will take Senator Kennedy’s seat. The outcome of that issue in Massachusetts has a direct impact on when EFCA will be considered. Even under the most favorable circumstances, without Senator Kennedy, it is difficult to see how Labor can get to 60 senate votes for EFCA, even in its “lite” variety, and no matter what the “compromise” contains. But whenever Massachusetts again has two senators, EFCA will be ripe for serious consideration…..provided, of course, Senator Robert Byrd (D-WV) is healthy enough to come to the Senate and vote for EFCA.

“Every vote counts” may never have been more true.
 

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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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Today marks the first day of the AFL-CIO’s quadrennial convention in Pittsburgh. More than 1,000 delegates are expected to be in attendance. They will have their hands full with a packed agenda that includes electing new officers, setting priorities for the federation and debating health care reform, job safety, green jobs, immigration, and the economic crisis, among others. The convention also will be the stage for some top-shelf speakers, including President Barack Obama, Secretary of Labor Hilda Solis, Senator Arlen Specter (D-PA), Speaker of the House Nancy Pelosi (D-CA) and Senate Majority Leader Harry Reid (D-NV). Outgoing AFL-CIO President, John Sweeney spoke to the delegates on September 13. Each attendee will receive a copy of a report (pdf) discussing the state of the federation and some of the major events that have occurred during the last four years.

Candidates for the federation’s three top offices are running unopposed. It is widely expected that Richard Trumka, the federation’s Secretary-Treasurer, will be elected President. Elizabeth Shuler, executive assistant to the president of the IBEW, is running for Secretary-Treasurer, and Arlene Holt Baker, the federation’s Executive Vice President is running for re-election to the same post.

Each day of the week-long convention will have its own theme. Day One will focus on organizing and politics. It is expected that the federation’s top legislative priority, the passage of EFCA, will be discussed. 

The second day is devoted to debate surrounding health care reform and will include an address by President Obama. 

The third day’s theme is “the power of many” and will focus on diversity, civil and human rights. 

On the last day, the delegates will set the goals for the international union movement towards the G-20 summit coming to Pittsburgh later this month.

Two people are notably absent from the gathering. One is Andy Stern, who just last week saw the Carpenter’s Union withdraw from his Change to Win Coalition. It will be interesting to see how much time, if any, is spent by the AFL leadership on bringing the labor movement together and if they extend any olive branches to Mr. Stern. Similarly, it will be interesting to see if Mr. Stern goes out of his way to recognize Mr. Sweeney for his past leadership and to congratulate Mr. Trumka as he takes the reins of the AFL-CIO. 

The other absent party is Senator Tom Harkin (D-IA). Will the Convention go out of its way to congratulate and recognize Senator Harkin for his new position as chair of the Senate HELP committee and what will his reaction be to the EFCA discussions?

The key to the convention’s impact on EFCA will be how firmly the President supports some version of the bill. The same goes for Arlen Specter, who is such a crucial part of the labor reform debate. It will be interesting to see if any of the speakers discuss the composition of the current Labor Board and the Obama nominees.

As always, we will keep you posted … stay tuned.

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The Legal Services Corp., a congressionally chartered, taxpayer entity, is being subjected to a union organizing drive.  Presented with a demand for recognition through a card check, the organization has declined insisting on the right to a secret ballot election.

The exercise of this right – under the law – is drawing fire. Supporters of EFCA say this situation is a prime example of why EFCA should be enacted.

Senator Harkin, the new Chairman of the Senate HELP Committee not only is critical of the LSC’s right to insist on a secret vote but also finds it “…troubling to learn that LSC is now using hard fought-for-taxpayer funds to retain a law firm and engage in a campaign to potentially frustrate employee’s desire to exercise their right to join a union.” (See link to - EXCLUSIVE: Federal program rejects 'card check' effort). 

Imagine that … the LSC has hired a law firm in connection with the compliance of their employee’s right to join or not to join a union. Should LSC not hire legal counsel and take the chance of violating the law?

Senator Harkin is the key Senator seeking an EFCA compromise. Many labor leaders praised his selection as Chairman of the HELP Committee. Senator Harkin said to the press when his selection was announced that “EFCA is still on the burner…EFCA is still cooking.” (DLR, 9-10-09). 

Senator Harkin is the son of a coal miner.  Richard Trumka, expected to be elected AFL-CIO President next week, was a former President of the United Mine Workers. Do not be surprised to see Senator Harkin at the convention being held in Pittsburgh. Employers should expect coal in their Christmas stockings this year.

We congratulate Senator Harkin and wish him well on behalf of everyone vitally interested in workplace issues.  

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A Washington Post article published on Labor Day casts some light onto the AFL-CIO’s next president Richard Trumka. Trumka comes from a long line of coal miners in Pennsylvania. After working in the mines himself, he attended college and then Villanova law school “in preparation for a career of union activism” where he was class mates with Michael J. Lotito one of this blog’s authors. Upon graduating, Trumka began his career in organized labor as an attorney with the United Mine Worker’s union and worked his way up to become its president. Years later, Trumka eventually took the number two position in the AFL-CIO.

The article refers to the 1989 Pittston Coal strike as Trumka’s “crowning achievement.” We are unclear how Trumka measures the success of a strike, but his crowning achievement resulted in a court ordered injunction being levied against his union, his union officials being held in contempt of court and his union being fined more than $30 million dollars for strike related activities. Moreover, some of his strikers engaged in truly abhorrent behavior during the strike which included multiple episodes of violence towards company personnel and their property, a shooting and even a bombing.

The article also talked about Trumka’s agenda and plans for the labor movement. Trumka reportedly met with President Obama and current AFL-CIO president John Sweeney on Labor Day to discuss that “after being elected in part because the AFL-CIO [sic] persuaded its more skeptical members to vote for him, Obama should not disappoint [AFL-CIO] by settling for half measures.” Indeed, the article refers to AFL-CIO’s disappointment with the current status of EFCA which was described as “bogged down amid a distinct lack of enthusiasm from Obama.”

The article notes that “Trumka’s ascent represents a true changing of the guard, ushering in a time of leadership that will be far more muscular than that of the avuncular Sweeney.” Referring to himself in the third-person, Trumka said “It’s true that he’s more aggressive than Sweeney was…but I think that there is a time when you have to be aggressive and only can take so much, when you’re getting it from people who are not looking for a way to resolve a problem but are looking for a way to kill the labor movement.”

Trumka sent a clear message to politicians who accepted organized labor’s support when he said “[m]ore than ever, we need to be a labor movement that stands by our friends, punishes its enemies and challenges those, who, well can't seem to decide which side they’re on…I’m talking about the politicians who always want us to turn out our members to vote for them, but who somehow always seem to forget workers after the votes are counted.”

Lest we forget, Trumka is the person who defined a corporate campaign, a “top down” pressure tactic used by unions to get companies to concede to union wishes, as a device that “swarm[s] the target employer from every angle, great and small, with an eye toward inflicting upon the employer the death of a thousand cuts rather than a single blow.” It is important for the public to know that the new aggressive head of the AFL-CIO whose crowning achievement was a violent and lawless strike , believes in punishing those he classifies as the labor movements enemies and advocates the slow torture of employers in the hopes of causing their economic death. It is tough for employers that are being subjected to a union imposed economic death to “create jobs” and hire more employees. So much for unions trying to help revive our economy and create new jobs.

What are your thoughts about Trumka and the potential impact he will have in shaping Labor Law reform?

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