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Secret Ballot Watch

Beware of EFCA – Even Without Card Check

WASHINGTON, D.C., September 29, 2009 | Alexa Marrero ((202) 225-4527)
Even if Democrats eventually decide to jettison the unpopular card check component that sets aside the secret ballot for workers, the Employee Free Choice Act is still dangerous.

That’s what a group of Hoosier business executives wrote in a Sunday essay for The Star Press in Muncie, Ind.:  


“Some have talked about removing the secret ballot provision of S560, but the other provisions are equally damaging: expedited elections with new rules favoring unions only, mandatory binding arbitration and a one-sided increase in penalties.

“This means that unions could continue to engage in all union organizing activities without increased penalties, but those on employers who violate the act could include fines of up to $20,000 for repeat violations, among other things. In other words, unions could use the threat of increased fines as an organizing tactic and file unfair labor practices against businesses.

“Businesses would have to legally defend themselves against the complaints or face fines up to $20,000 per incidence. The legal fees could be enormous and could literally force some businesses to fail or accept a union.”

Budd et al., “It’s time to stand up for Hoosier jobs,” The Star Press (Muncie, Ind.), 09.27.09 


Their essay concludes by saying that “every day this bill has life, employers are delaying investment and hiring decisions.”  The effect of that delay will likely be seen Friday, when the latest unemployment figures are slated to be released. Chances are, they won’t be good – and the Employee Free Choice Act isn’t even law yet.

Unfortunately, if Senate Democrats get their way, EFCA may be brought to a vote before the end of the year. “I’m pushing for it,” Sen. Tom Harkin, chairman of the Health, Education, Labor and Pensions (HELP) Committee, told the liberal Bill Press Radio Show. “I think it's something that we have to do.”

Just think how bad the economy will be if EFCA does pass.

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