The Employee Free Choice Act: Maybe Not a Done Deal?
As reported earlier in the World of Work, the Employee Free Choice Act (EFCA) will be a high priority for Congress and President-Elect Obama in 2009. The EFCA would be the most wide-ranging revision to federal labor law in 50 years. It would, among other things, require employers to recognize a union as the exclusive bargaining agent for its employees based solely on a "card check" process rather than a secret ballot election. If passed, it is expected to drastically increase union organizing and unionization rates.
Two things prevented EFCA from passing into law back in in 2007 - an almost certain veto from President Bush, plus opposition from the Republican minority in the United States Senate. 51 Senators voted for cloture on EFCA - 50 Democrats (all except one who was absent) plus Pennsylvania's Arlen Specter; however, 60 votes are needed to end debate and bring the bill to a vote. Now that the Democrats appear on the cusp of controlling 59 Senate seats, assuming Arlen Specter maintains his support for EFCA, there's nothing to stop the bill from passing, right?
Not so fast, warns FiveThirtyEight.com's Nate Silver. Arkansas Democrat Blanche Lincoln has now indicated that she's not so keen on EFCA and might vote no. Her no vote would leave the Democrats one vote short of stopping a Republican filibuster. Click here to read the rest of Nate Silver's fascinating analysis of EFCA in the Senate. And don't forget to keep following the World of Work for more EFCA updates.
Obama Nominates Rep. Hilda Solis as Labor Secretary
Today's New York Times is reporting that President-Elect Barack Obama will nominate California Representative Hilda Solis as his administration's Secretary of Labor, the cabinet-level position that oversees the Department of Labor.
John Sweeney, head of the AFL-CIO (a coalition of labor unions) praised the appointment of Solis to the position. And not without good reason: Solis has been a champion of the Employee Free Choice Act (EFCA), which labor unions have made their #1 legislative priority for 2009. The EFCA would , among other things, require employers to recognize a union as the exclusive bargaining agent for its employees based solely on a "card check" process rather than a secret ballot election. If passed, it is expected to drastically increase union organizing and unionization rates.
Of course, if the unions are happy about the Solis pick, you can bet some employers are not. As reported in the Times, the U.S. Chamber of Commerce, a pro-employer group, expressed "disappointment" over the selection of a labor secretary that supports EFCA, but promised to work with Solis.
The selection of Solis should not come as a surprise: President-Elect Obama has voiced his support for EFCA and other pro-employee legislation, and was expected to select a like-minded labor secretary. This selection does not, however, mean that EFCA will pass without a fight. Don't be surprised if the Republicans use their filibuster power either to delay its passage or to win some pro-employer concessions before allowing it to pass.
