Employee Free Choice Act Update

VHCA (3/27/09)

Earlier this week, Republican Senator Arlen Specter of Pennsylvania announced he opposes the Employee Free Choice Act (EFCA), the controversial bill that would generally require employers to recognize and bargain with unions based on card checks rather than government-conducted secret ballot elections.

Senator Specter commented that “on the merits, the issue which emerged at the top of the list for me is the elimination of the secret ballot which is the cornerstone of how contests are decided in a democratic society. The bill’s requirements for compulsory arbitration if an agreement is not reached in 120 days may subject the employer to a deal he or she cannot live with. Such arbitration runs contrary to the basic tenet of the Wagner Act for collective bargaining which makes the employer liable only for a deal he or she agrees to.” Specter also indicated his concerns about worker intimidation and possible further job losses in an already weak economy following EFCA’s passage.

Senator Specter made it clear that he remains supportive of labor law reform and may propose legislation in the future to address ongoing concerns. The Senator offered recommendations for changes to the National Labor Relations Act (NLRA) that would promote union organizing and increase employer penalties for union-related violations. It is likely that Specter’s proposal will not be the final word on the issue. It is widely believed that his labor reform agenda will shift the EFCA debate to various compromise proposals that have been floated in recent weeks.