Card-Check Opponents Bracing For Vote Even With Brown

January 21, 2010

Congress Daily

Andy Leonatti

Proponents of the Employee Free Choice Act still plan to move forward with the legislation this year despite the loss of a 60th vote with the election Tuesday of Sen.-elect Scott Brown, R-Mass.

When Brown replaces interim Sen. Paul Kirk, D-Mass., supporters will count only 59 votes available to break any Republican filibuster of the bill.

A spokeswoman for Senate Health, Education, Labor and Pensions Chairman Tom Harkin said he is "still committed to moving legislation this year," but would not comment on what potential compromise might be needed.

Previous ideas have included removing the card-check language that would allow unions to organize without a secret ballot.

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For more information and past stories about the Employee Free Choice Act, see our EFCA page.
"Voters want results and they want policies that will create good jobs, and that's labor's agenda. If anything, yesterday's election convinced us we're on the right track," AFL-CIO Legislative Director Bill Samuel said in an e-mail.

In a statement, Service Employees International Union President Andy Stern said "every member of Congress and the administration must act with a renewed sense of purpose to show working families whose side they are on and deliver meaningful change to every American."

The U.S. Chamber of Commerce is feeling more confident after Brown's election, although the group is not taking anything for granted and will continue to campaign for the bill's defeat.

"I think the mountain's gotten a bit taller" for passing card-check legislation this year, said Glen Spencer, executive director of the Chamber's Workforce Freedom Initiative.

Spencer said he still thinks EFCA in some form will see a vote on the floor this year because even once Brown joins the Senate, "the margin against this is still razor-thin."

Plans include another "fly-in" lobbying day by small-business owners on Capitol Hill, and the organization will continue to oppose the appointment of Craig Becker to the National Labor Relations Board, he said.

Becker's nomination was sent back to the White House at the end of 2009 after being held up by Sen. John McCain, R-Ariz. Spencer said there is a concern the NLRB could enact regulations contained within EFCA even if the bill does not pass.

The Chamber would oppose a bill that contains binding arbitration provisions, Spencer said, because that is "where the real harm comes from." The bill would require a union and company to seek federal mediation if a contract cannot be agreed upon within 120 days.

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