Blue Dogs To House Dem Leaders: Hold Off On Employee Free Choice
Blue Dog Democrats in the House have asked House Dem leaders to postpone a vote on the Employee Free Choice Act until after the Senate votes on it, and the Democratic leadership has agreed, a senior House Dem aide tells me.
The discussions are likely to disappoint some in the labor movement, who see Employee Free Choice as their top priority and had hoped the House would act quickly and pass a strong bill before the Senate passes a weaker version. Proponents and foes of the measure alike say the Senate is expected to be the major battleground over the bill because of the tight Dem majority.
Blue Dog Dems have told House leader Steny Hoyer that they don’t want a vote on Employee Free Choice before the Senate because they fear they’ll end up having to vote for two different versions of the measure, compounding the political damage they may face in moderate districts, the aide says.
“Their concern is that the House will pass something, then the Senate will take up the bill and do something different,” the senior leadership aide tells me. “The Blue Dogs don’t want to end up voting on something that won’t even become law. They’re saying, `See what can get through the Senate first, and then we’ll vote on it.’”
House Dem leaders agree with this assessment, the aide says. Asked if it would anger labor leaders, the aide said that labor might not like it but that labor leaders would “understand the dynamic.”
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This is actually smart policy in light of what happened with the stimulus bill. The EFCA is actually going to be more contentious than the stim bill fight was because the gang of three won’t see any pressure to get something done now. And if the House passed their bill first then you would have the Scarboroughs and Hannitys of the world claiming again that Nancy Pelosi wrote the bill. At least this way they know what they are dealing with before hand and can set their sights appropriately. I will also point out that this move lights a fire under Harry Reid’s a$$ to force a filibuster for once. The EFCA bill won’t need 60 votes to pass unlike the stim bill did so if Reid forces and breaks a filibuster the Dems in the Senate can pass it with a simple majority. I bet Harry Reid is pissed though. I for one am ecstatic! And when the labor unions realize whats going on they will be too.
huh, interesting take. I assume that labor doesn’t want it to play out this way.
Greg
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Why not? What do they lose?
Well, the filibuster of EFCA would get massive cable play by the usual suspects, and I don’t think that would be good for public opinion.
The Democrats’ majority in the Senate is much slimmer. This means that Republicans and DINOs can either stop the bill or gut it sufficiently to render it useless.
Thus the Blue Dogs (who aren’t really Democrats anyway) can get their agenda accomplished without having to take the heat.
Anybody who can’t see this is being incredibly naive.
Interesting. When the labor liaison to our local Democratic committee came to brief us on the EFCA last week, she said, basically, that unlike the last Congress, this time it’s going to the Senate first because we know it will pass the House with no problem. So at least based on one local data point, it doesn’t seem like this idea either originated with the Blue Dogs or is necessarily opposed by labor.
Knowing that, I have to wonder whether this is a play by the Blue Dogs to puff up their perceived power, or by the leadership to placate the Blue Dogs by giving them credit for something that was going to happen anyway.
This reminds me of the BTU tax from 1993. The House leadership is smart to protect its vulnerable members from votes that will end up being purely symbolic and damaging in some districts.
This is such bullshit. Like anybody, in any district, who isn’t a hardened partisan is gonna vote based on this issue? Please. There isn’t some powerful grassroots anti-union constituency outside of the fringes of the Republican base. There just isn’t. The Blue Dogs are doing the bidding of their K Street masters, not looking for political cover from angry constituents. That’s such a sorry straw man.
If enacted the EFCA will increase the wealth and political clout of unions. It will also raise the price of US produced goods & services causing US jobs to be lost as consumers buy less and/or production moves to lower cost countries.
Everybody loses except for unions and Democratic politicians. Is this really what the HOPE/CHANGE this was all about?
septic tank meet DJC-Illinois
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Heh
BTW
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Have any of you ever actually seen the draft of the EFCA that already passed the House at least once? There isn’t much there to gut. Its pretty straight forward and comparatively short and sweet.
Well, let’s start acting like a country that cares for its workers. Any employer moves jobs overseas gets slapped with a huge penalty and get hauled in front of Congress and questioned about why they are being unAmerican.
Thinking that only the employers have any power is pure BS, so we should stop acting like sissies.
sgwhiteinfla, I have actually heard some rumors that card check could be stripped from the bill or altered in some way from how it was in the 110th H.R. 800. That would leave the binding arbitration language for first contracts and the increased fines for employers who violate their employees’ right to unionize still in tact.
What the Employee Free Choice Act Means for Employees and Employers.
A dark tempest is brewing over the employee and employer work relationship. That Perfect Storm is the Employee Free Choice Act (EFCA). The EFCA (H.R. 800 and S. 1041), is widely expected to pass in some form. The Democratic Party is heavily indebted to organized labor for their financial and political support. The Republican Party is not as obligated to the unions, but Congress will feel the need to show populist support for labor unions. Either way, there is a very real possibility that the EFCA will become the labor law of the land!
What does this mean for both the Employees and the Employer?
The National Labor Relations Act, for the past 70 years, has recognized a labor union as the official bargaining agent representing employees only after the union wins a secret ballot election. The Employee Free Choice Act will require an employer to recognize a union after the authorization cards (‘Card Check’) are signed by a simple majority of 50% or more of the eligible workers, with NO SECRET BALLOT ELECTIONS.
No secret ballot elections are required.
** There will be no opportunity for management to explain their reasons for opposing unionization! **
** Even those employees who oppose unions will be required to become union members, against their free will! **
** Co-workers and company management will know exactly how all the employees voted! **
** As the employer, you will loose control of your company! **
** As the employee, you will loose the right to the secret ballot election process! **
Current labor laws allow a free exchange of ideas from both the employers and the union organizers. The employees are presented with facts, and opinions, from both the union and management. The employees have the time to understand their choices and options. Under current National Labor Relations Board (NLRB) rules, the employees have the rights under a free democracy, to cast their secret ballots in privacy, and without coercion.
The basic rules of a democracy include secret ballot elections, only after the people have had an opportunity to understand the issues, and form an independent opinion free from peer pressure.
After all, how would you like it if you went to your polling place after a two-minute lecture from only one political party and only one viewpoint, and then forced to stand in a big room, in front of your co-workers, and family, waving a card voting Yes or No?
Yet, that is exactly what the EFCA expects workers to do!
Labor unions should adhere to the basic rules of democracy, which include a secret ballot election. This is America, and we expect the privacy and security of a secret ballot election.
The Employer Free Choice Act is Vital to Union Survival.
Organized labor considers the EFCA vital to the survival of the labor movement. Big Labor has pledged to spend over $300 million on securing passage of the Employee Free Choice Act. SEIU, the Service Employees International Union said the legislation would enable it to organize a million workers per year, up from its current pace of 100,000 workers per year.
Labor unions have experienced a steady decline in dues paying membership, industry saturation, and political power. Organized labor has made the “Employee Free Choice Act” (H.R. 800 and S. 1041) its highest legislative priority.
The Employee Free Choice Act would drastically increase the number of unionized workers, because it will simplify and speed labor’s ability to unionize companies.
The EFCA specifically bars the National Labor Relations Board from holding an election if a union turns in cards from a majority of employees!
Corporate America wants less union interference.
Unions want more influence in corporate America.
Instead, the Free Choice, or “card check”, legislation would let unions form if more than 50% of workers simply sign a card saying they want to join. It is far easier for unions to get workers to sign cards because the union organizers can canvass workers repeatedly, over a period of weeks or months, until the union obtains the support needed.
The union organizers job is to recruit new dues-paying members to their union. They are trained to perform a house call strategy that includes Introductions, Listening, Agitation, Union Solution, and Commitment. The goal of the organizer is to quickly establish a trust relationship with the worker, move from talking about what their job entails to what they would like to change about their job, agitate them by insisting that management will not fix their workplace issues without a union, and finally convincing the worker to sign a card.
The Major Items of the EFCA Include:
The Employee Free Choice Act, would provide injunctions for specified Unfair Labor Practices (known as ULP’s), during union organizing drives and prior to union certification.
** When the NLRB certified the union, the parties would have 90 days to come to acceptable ‘First Contract’ terms, after which either party could ask the Federal Mediation and Conciliation Service (FMCS) to mediate the differences.
** If mediation fails after 30 days, the contract would be referred go binding arbitration. The decision of the arbitrator is final and a two-year contract is binding on all parties.
** The EFCA provide damages equal to twice-back pay, if the company violated certain Unfair Labor Practices, after recognition as the bargaining agent.
There are other civil penalties attached to the bill, designed to force employers to sign a ‘First Contract’ and to reduce intimidation and retribution for workers involved in unionizing attempts.
For example:
** Civil Penalties: Provides for civil fines of up to $20,000 per violation against employers, who have been found to willfully or repeatedly violate employees’ rights during an organizing campaign or first contract drive.
** Treble Back Pay: Increases the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first contract drive to three times back pay.
** Mandatory Applications for Injunctions: “…the NLRB must seek a federal court injunction against an employer whenever there is reasonable cause to believe the employer has discharged or discriminated against employees, threatened to discharge or discriminate against employees or engaged in conduct that significantly interferes with employee rights during an organizing or first contract drive. It authorizes the courts to grant temporary restraining orders or other appropriate injunctive relief.” (www.employeefreechoiceact.org).
** As an employer, you may never know a union has arrived at your front door, until after the union becomes the official bargaining agent for your workers. **
Companies may not be aware of an organizing drive until after the union has collected the required authorization cards. The employer may be denied the opportunity to exercise their rights of free speech, and to present the companies side of the story.
Union Political Strength.
EFCA is another example of union political strength. It is a crucial piece of pro-labor legislation, and if enacted as labor wants, will help the labor movement regain the strength in numbers, and the political power it once had. Unions have flexed their political and lobbying muscle to push this bill. The Democratic Party needs to pay back the unions for their huge financial and political support.
The EFCA is organized labors reward!
Labor unions need to win pro labor legislation, to prove to their membership that they are viable and have the political muscle. Organized labor still wields strong political power, has the ability to bring out large voting blocks for candidates that support its goals, and can bring down opposing candidates.
Unions will be able to organize more workers, in more industries, easier, and thus grow stronger, faster, and more powerful.
Management organizations oppose the EFCA, for the reasons unions support it. It is considered in the best interest of corporate America to remain union free, and the Employee Free Choice Act would increase unionization.
Labor Union Membership is Down.
At the beginning of the twenty-first century, labor union membership and union density, a measurement of the percentage of unionized workers, had reduced to about 7% of private sector workers, and about 12% of all unionized workers, down from about 35% of all workers in the 1950’s. Unions have seen better days, and have experienced a rapid decline in saturation, as companies search for lower cost business models.
Organized Labor is Very Big Business.
Organized Labor is Big Business with “union income about $10 billion per year” (http://www.unionfreeamerica.com/duesforpolitics.htm). If labor unions were publicly traded companies, the balance sheets of the AFL-CIO and the larger unions are impressive, and would command high stock prices. Organized labor desperately needs new industries and new members! Increased union membership translates directly to increased dues income.
The larger the base of dues paying unionized workers, equals stronger economic power, which buys greater political influence.
Follow the Money:
For labor unions to grow, they must organize and create more dues paying members. The basic business model for labor growth is “organize or perish.” Dues paying union membership are the lifeblood of the labor movement, and are the major income source and reason for being. For labor unions, the EFCA is all about increasing membership faster, and at a lower per capita cost, which will strengthen unions financially and politically.
For unions it is a desperate struggle for survival.
The alternative is less relevance, irrelevance, or extinction. The nature of work has changed, and unions have failed to evolve with this change, just as dinosaurs became extinct because they were not able to evolve with the climatic changes.
** The Employee Free Choice Act is organized labors salvation from extinction! **
© 2008 Chris Mosquera. All Rights Reserved.
Email: chrismosquera5@yahoo.com
Great. Just what we need.
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