EFCA - Same Lie, Different Day

by Brad Peck

With Sen. Specter's announcement that he will not vote for cloture on Card Check the, already desperate, pro-union side is scrambling. Here is a group trying to force Sen. Feinstein to declare her support fro EFCA:

Large corporations are now funding a massive campaign to mislead the American people about the Employee Free Choice Act and are using Fox News to spew their lies. They falsely claim it would eliminate the secret ballot for workers to authorize union representation. Even the conservative Wall Street Journal editorial page pointed out that was untrue -- the bill merely gives the option for workers to form a union if a majority of them sign cards indicating their support for unionization.

The Employee Free Choice Act will help workers level the playing field with the wealthy and powerful -- that's why a majority of Americans supports its passage. What could possibly prevent Senator Feinstein from endorsing such a progressive bill today -- especially when she supported it just two years ago?

A few things. I love the "using Fox News" bit, talk about a tired appeal to irrationality. Then the standard secret ballot stuff, mixing in the disingenuous spin on the Wall Street Journal editorial. But then comes my favorite: "merely gives the option for workers to form a union if a majority of them sign cards indicating their support for unionization."  Hmmm....what does the bill say again (my bold)? 

"If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative"

Language lesson for Calitics, the word option means "The power or freedom to choose."  The Employee Free Choice Act gives no choice "if a majority of them sign cards," there will not be an election. As for answering your question regarding Sen. Feinstein, here is a quote from CQ Politics on Monday.

"It’s a very different time right now," said Sen. Dianne Feinstein , D-Calif., a card-check cosponsor in the 110th Congress who also has so far withheld her support for this year’s legislation.

"We have been visited by company after company after company struggling to get along and thinking this is just going to make things worse. I want to look at it and see if there is any possible way of reaching a consensus."

Comments

[Michael]

Whether unionization is positive for business, the workforce, or the economy is a conversation best left to someone in a field other than mine. As an I/O Psychologist my interest lies in organizational success through the well-being of employees.

If no other good comes from EFCA, at least it is forcing companies to have an important conversation. In searching for ways to combat unionization, employers are realizing they need engaged employees – who feel communicated to, safe, valued, and a strong commitment to the company. I’ve been hearing a lot of chatter from the legal community about the need for ‘union vulnerability audits’ (http://www.questaroig.com/union_vulnerability.html) to ensure a satisfied workplace where unions are viewed unnecessary. Whether or not the EFCA passes I think employees (and organization) will benefit from the discussion.