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LABOR & EMPLOYMENT LAW — 06/11/09

Battle lines harden in fight over Employee Free Choice Act

The battle over the controversial Employee Free Choice Act (EFCA) has deepened, as two different groups have made their respective pitches for the bill.

155 Pennsylvania college and university professors have signed a letter asking Senator Arlen Specter (D-PA) to support legislation that the professors say will strengthen worker rights and help the economy rebound. The letter urges Specter to support the Senate's passage of EFCA without amendments designed to weaken it.

"Studies show that most workers would join a union if they had the opportunity," the letter states. "Workers in unions earn better pay and benefits than their non-union counterparts but only if they get a contract."

Supporters argue that the Act will reestablish checks and balances in the labor/management relationship that have been eroded over the years. EFCA will give employees the option to form unions through card check and through secret ballot elections and will impose severe penalties upon employers that fail to engage in good-faith bargaining. Additionally, claim the professors, the Act will actually assist the economic recovery because it empowers middle-class workers to bargain for fair wages and benefits.

Specter previously announced his opposition to cloture on the bill, effectively killing the bill's chances for passage. Since that announcement, however, he has switched parties and many political analysts believe he will have to support some version of EFCA if he is to win his primary in a heavily unionized Democratic party.

On the other side of the debate, the Michigan Chamber of Commerce today called on Michigan's Congressional Democrats to rethink their support of EFCA.

"Now is not the time to enact legislation that will make it easier for union bosses to organize workplaces by eliminating secret-ballot elections and requiring binding arbitration of contract disputes," said Wendy Block, Director of Health Policy and Human Resources for the Michigan Chamber. "Despite its nice-sounding name, the Employee Free Choice Act will actually deprive job providers and workers of their democratic rights."

"There are few legislative proposals that would be more damaging than the card check legislation, which is in violation of our nation's Democratic principles and seeks to deny every American of their right to a private ballot in union organizing elections in the workplace."

Jim Holcomb, Vice President of Business Advocacy and Associate General Counsel for the Michigan Chamber, added, "This legislation is proposed in the name of 'fixing' our nation's labor laws, but it's actually little more than political payback for union bosses who want an unfair advantage in organizing activities. It's hard to believe that this legislation is a priority in Congress as our nation's economy continues to struggle."

"Congress needs a wake-up call and to refocus their efforts on putting forward policies that will encourage economic growth, rather than inhibit it," Holcomb concluded.

Sources: Michigan Chamber of Commerce, The Keystone Research Center

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

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