EFCA: Blinding Arbitration

Blinding Arbitration (WSJ May 29, 2009)

"Big Labor's top legislative priority, "card check," might be stalled in the Senate, but that doesn't mean the unions are rolling over. While talk of compromise is in the air, we hope business leaders and Senators stay alert." (read full article)

Message from CDW

CDW Members:

 

It has been a busy month since the last congressional recess, as the rumors of alternative versions of EFCA have percolated around Washington and CDW has worked to expose the so-called compromise proposals for what they really are; EFCA re-packaged.  

 

We will continue to oppose legislation that denies employees their right to privacy and exposes them to harrassment, intimidation, and coercion; as well as opposing alternatives that would threaten American entrepreneurism and competitiveness by imposing government-run, binding arbitration on our nation’s job creators.

 

RECESS TOOLKIT

CDW has rolled out a new recess toolkit, which can be found on our website here.  This toolkit contains sample LTEs and op eds, informational flyers, and sample print ads, along with helpful information regarding EFCA and proposed alternatives.

 

As always, we encourage all CDW members to use the recess work period to keep the heat turned up on your Representative and Senators.  If we keep the volume turned up on this issue at all times, Congress cannot “escape” this issue simply by leaving Washington for a week.

 

Remember, when you talk to your Senators and Represenative, the message remains “no EFCA, no cloture, no compromise.”

 

WASHINGTON POST OP ED

This week, CDW had a full op ed run in the Washington Post, where the Coalition had the opportunity to respond to the Post’s allegations that our “no compromise” position on EFCA was worth criticizing.  The CDW op ed is here, and you can read the Post’s editorial from May 11 here.

 

As our op ed notes, compromise for its own sake on a clearly misguided and onerous bill such as EFCA is no fault on our part.  CDW members should be proud to be called “absolutists” in our opposition to EFCA…………..there’s no vice in being absolutist about protecting employee privacy and opposing government mandated arbitration.

 

Also, this week, CDW’s Steering Committee had a productive meeting that included Senate Republican Leader, Mitch McConnell (R-KY).  Senator McConnell encouraged the Steering Committee members to keep the heat turned up on this issue so that we’re prepared to tackle whatever version of EFCA may be moved by Senator Harkin and the proponents of card-check.

 

And, here is a press statement from CDW denouncing the idea of “mail-in card check,” which was reported in a Wall Street Journal article as a possilbe alternative version of EFCA.

 

Finally, for those CDW members in Northern Virginia, Gov. Mitt Romney will be participating in a small business round table discussion on EFCA on Thursday, May 28, from 3:00-4:00 pm in Arlington, VA.   One member of that roundtable will be Brett Vassey with the VA Manufacturers Association, who also is the point person for CDW’s state operations in the commonwealth of Virginia.  If you’re interested in attending the rountable, contact Jason McBride at jason.mcbride@workforcefairness.org .

 

 

Thanks for the continued hard work and vigilance on this issue, and please keep in mind this Memorial Day weekend that we live in a country where we get to vigorously and openly debate issues such as EFCA because brave men and women and their families have sacrificed themselves on our behalf.  Have a great holiday weekend.

 

Thanks,

Brian

EFCA Articles

Click on the links below for two more recent articles on EFCA:

The Free Choice Act Is Anything But (WSJ May 07, 2009)
"The recent news that Pennsylvania Sen. Arlen Specter has become a member of the Democratic caucus has given new life to legislation that many thought had been put to rest for this Congress -- the Employee Free Choice Act (EFCA)" (read full article)

Andy Stern's Go-To Guy (WSJ May 14, 2009)
Mr. Becker, who is currently the associate general counsel at Andy Stern's Service Employees International Union, is all for giving unions more power over companies in elections. Only he's not sure he needs to wait for Congress... ( read full article)

CDW's Card Check Ad

CDW has created the following ad for employers to display in their break rooms, etc.  To download a printable PDF version of the ad to display to your employees click here.

CDW's Letter to Senators

No Compromise on the Misnamed Employee Free Choice Act

Dear Senator:

As you and your colleagues continue to debate the issues confronting our nation, we write to express our strong opposition to all efforts to pass any provision included in the Employee Free Choice Act (H.R. 1409/S. 560), and our united opposition to any related legislation presented under the guise of “compromise.”

The Coalition for a Democratic Workplace (CDW), a group of more than 580 organizations, is united in opposition to the Employee Free Choice Act (EFCA) because we believe this bill severely undermines long standing principles of balance and fairness in federal labor law. Make no mistake; the purpose of EFCA is not labor law reform.  The legislation is a dramatic assault on the rights of employees and employers that threatens to severely undermine any chance at a constructive dialogue on labor law reform.

The key provisions in EFCA represent egregious attempts to limit the rights of employees and employers and will severely diminish the ability of U.S. business to succeed in our globally competitive market. They include the effective elimination of secret ballot voting replaced by a mandate that a union be recognized by a simple majority of signed authorization cards, exposing employees to intimidation and coercion. Along with that, EFCA could impose on the employer and the bargaining unit a two year, binding contract wherein economic terms such as wages, benefits, and work rules are unilaterally determined by a federal arbitrator for first contracts without a ratification vote by employees or the opportunity for dissent by the employer.

Neither of the above provisions, alone, or in combination, will bring about positive change for American workers or employers. This legislation poses not only an assault on an individual’s right to privacy, but a direct threat to economic growth and job creation. However, as more Senators continue to express reservations or outright opposition to card-check as well as mandatory, binding arbitration provisions within EFCA, discussions have begun in some quarters about the possibility of “compromise.” Let us be clear and frank on this matter; there can be no acceptable “compromise” on any issue of labor law reform due to the very real threat posed by EFCA.

Reports of EFCA’s demise seem rather premature when you consider that the legislation boasts 40 Senate cosponsors and 225 House cosponsors, in addition to being passed by the full House of Representatives in the 110th Congress.

Two main topics that have come up in “compromise” discussions, most notably in Senator Arlen Specter’s (D-PA) March 24 floor speech, are the issues of workplace access and so-called quickie elections. Both access and quickie elections deceptively purport to expedite the organizing process when in reality they sacrifice the rights of employees for the wants of professional union organizers; much like EFCA does.

Union access provisions would give non-employee, professional union organizers the right to enter a workplace during work hours to solicit support during a union organizing campaign. Union access provisions will significantly disrupt the working environment of a business, severely hampering day-to-day operations as employees could be approached regularly by professional union organizers while they are performing their job. Employees who support the union currently have the right to campaign on company property, so union organizers are not without workplace advocates under the current law.

Also, professional union organizers are permitted by current law to contact employees outside of the workplace, in the community, and also visits to an employee’s home, which an employer is restricted from doing.

Practically speaking, professional union organizers currently have the advantage of not being restricted in the promises and commitments that they can make during a campaign (i.e., increased benefits, pay, vacation, etc. which may ultimately be unattainable in the labor contract), while employers are restricted by law in what they can tell employees during an organizing campaign.  Worksite access and unfettered union campaigning, combined with one-sided restrictions on employer speech, would provide professional union organizers with a greater advantage.

A legislative mandate for “quickie elections” would impose a limited timeframe to complete a secret ballot union recognition election. A short time table, as little as 7 days in some proposals, can virtually eliminate an employers’ ability to provide employees with adequate information about the union, respond to the union’s comments or unionization generally. Such a scheme allows professional union organizers to “campaign” for months, while providing employees with limited – if any - time to hear from their employer about potential downsides to unionization.

“Quickie elections” can deny employees the opportunity to hear both sides of the argument on unionization. Deciding whether or not to join a union will have long-term impacts on workers lives. Limited election timeframes can unjustly curtail an employer’s ability to convey their point of view to their own employees prior to a secret ballot election. Employees should be able to make informed, as well as private, decisions about this important issue. Hearing from just one side denies them that information.

Current federal law provides employers the important opportunity to make their case to their employees, just as the professional union organizers can make their pitch. And, it is worth noting the reality that, in fiscal year 2008, the average time taken for the National Labor Relations Board (NLRB) to complete a secret ballot election was 38 days (down from 50 days in 1980). And, in 2008, 94% of elections were completed within 56 days, with unions winning two-thirds of those elections.  These facts clearly debunk the myth that the current NLRB election process is to blame for the decline in union membership in this country.

While “quickie elections” and workplace access are not the only “compromise” ideas that may surface in this debate, it is important that CDW convey the problems that accompany these proposals so that Senators can understand pitfalls that exist in calls for “compromise” on EFCA.

The signatories of this letter represent hundreds of thousands of employers united in our strong opposition to this legislation and opposed to Congressional passage of this legislation or its individual provisions. We regard this bill as the most direct threat to our ability to continue to operate competitively and create jobs. 

We therefore respectfully ask you not to support this bill or any “compromise” legislation. For more information, analyses, and polling data showing that more than 70 percent of union households oppose the Employee Free Choice Act, please visit our coalition’s website at www.myprivateballot.com.

Sincerely,

THE COALITION FOR A DEMOCRATIC WORKPLACE

For a complete list of signatories visit www.myprivateballot.com

CDW Press Release

FOR IMMEDIATE RELEASE                                              CONTACT:  Rhonda Bentz

May 4, 2009                                                                                (202) 580-7289

                                                                          

CARD CHECK “COMPROMISE” MEANS

WORKER RIGHTS ARE COMPROMISED

 

EFCA compromise is still EFCA

 

The Coalition for a Democratic Workplace (CDW) today said that union efforts to trump up a so-called “compromise” on the Employee Free Choice Act (EFCA) will further violate worker rights and place an undue burden on small businesses.  With growing bipartisan opposition to card check legislation, Big Labor and their allies are scrambling to cut a deal that keeps EFCA alive.   The two most controversial EFCA compromise proposals involve instant elections and expanding union access to employees during the work day. 

 

“There can be no compromise on eliminating the rights of workers to vote by private ballot in union organizing elections.  CDW will oppose any federal legislation that deprives American workers of the ability to make a fully informed decision and exercise their right to vote in a secret ballot election without fear of intimidation or recrimination,” said Brian Worth, chairman of the Coalition for a Democratic Workplace. 

 

Backroom deals to save EFCA under the guise of "compromise" are non-starters for workers and small businesses.  There is no difference between the anti-worker card check scheme and so-called quickie elections which would penalize small businesses and workers.  They both deny workers the opportunity to hear important arguments on each side before a secret ballot election is held.  For small employers who are focused on running their businesses, quickie elections deny them the time to ensure that the process is fair.  Giving professional union organizers even more access to workers is equally as troubling.  Current laws allows for union organizers to contact workers outside the workplace, such as making visits to an employee’s home.  Conversely, employers are not allowed to contact employees during non-work hours.  Why should businesses be required to subsidize union organizing activities?

 

“Unfortunately, the EFCA compromise schemes like giving unions unprecedented workplace access are another attack on worker privacy, as the tactics used often lead to harassment by union organizers.  Furthermore, these compromises do considerable harm to small businesses, putting unnecessary government burdens on their ability to create new jobs,” added Worth.

 

A recent study by noted economist Anne Layne-Farrar found that enactment of the Employee Free Choice Act would result in 600,000 lost jobs for every 1.5 million new union members which has been predicted by union leaders.  This would lead to millions of jobs lost in subsequent years.

 

EFCA has experienced a series of significant setbacks since the beginning of the year.  Introduction of the bill was surprisingly delayed for several weeks while supporters scrambled to enlist an adequate number of co-sponsors.  Even with Democratic electoral gains in the House and Senate, there are fewer legislative co-sponsors this year than in the previous Congress.  And more and more lawmakers are raising sincere concerns about the impact of the mandatory binding arbitration provision on jobs and the economy.  Key senators, including Democrats Arlen Specter of Pennsylvania and Blanche Lincoln of Arkansas have announced their opposition to the bill.  Moreover, a growing number of influential House Democrats have signaled their resistance on the grounds that the economy cannot absorb the negative economic consequences of EFCA. 

 

 

About the Coalition for a Democratic Workplace

The Coalition for a Democratic Workplace is made up of more than 500 associations and organizations from every state across the nation that have joined together to protect a worker’s right to a private ballot when deciding whether to join a union.  In 2008, CDW embarked on a multi-million dollar public education campaign in key states that included polling, television, radio and internet ads and direct mail.  For more information and a listing of our membership, please visit www.MyPrivateBallot.com.