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Secret Ballot Watch

Though Card Check Introduction May Be Imminent, Democrats Appear to Be Having Second Thoughts

WASHINGTON, D.C., March 3, 2009 | Alexa Marrero ((202) 225-4527)

Nearly two months after Democrats convened the 111th Congress and began outlining their policy goals for the coming session, their decision not to introduce the misnamed Employee Free Choice Act is conspicuous, to say the least. The legislation is better known as card check, because it forces workers to vote publicly, by signing or refusing to sign their name to an authorization card, on whether to join a union. And it’s a top priority for special interest groups that spent, by some estimates, hundreds of millions of dollars to elect card check supporters in the last election.

Yet despite the millions being spent by supporters of the undemocratic scheme, some Democrats appear to be backing away from the plan. The Huffington Post reported yesterday on speculation that congressional Democrats may be wavering in their support for this highly unpopular legislation:


“Officials tasked with helping push the Employee Free Choice Act through Congress are growing concerned about the possible defection of Senate Democrats in a debate that is bound to be heated and close. …

“Democratic leadership has said they want a vote on the matter in late spring or early summer. …

“And yet, not everyone is convinced that the bill will come to a vote by early summer, especially if internal whip counts show that Democrats don't have the votes for cloture. Right after the election, union officials were adamant that EFCA be considered within the president's first year in office. Now, however, there seems to be a loosening of the deadline.”

Stein, “Worry Grows Over Dem Defections On EFCA,” Huffington Post, 03.02.09


This follows a report last week from The Hill speculating about when and where the bill would first be brought to a vote, particularly given misgivings among some House Democrats:


“Blue Dog Democrats in the House have shown tepid support so far for the legislation, which is the subject of an all-out lobbying war between business and labor. Many have faced tough questions about the legislation from constituents, who have been blitzed with a business advertising campaign. …

“The bill is not moving forward as quickly this year as it did in the last Congress.

“In 2007, Miller introduced the House bill on Feb. 5 with 230 original co-sponsors. House legislation has yet to be introduced this year.”

Bogardus, “Blue Dogs seek Senate cover on card-check,” The Hill, 02.24.09


And just today, the Las Vegas Sun reported on Nevada Democrats who have supported card check in the past but are not yet been willing to commit to the legislation in the 111th Congress:


“Democratic Rep. Shelley Berkley would seem to be a reliable vote for labor’s top issue in Congress — a bill that would make it easier for workers to organize under the card check system used at most of the unionized casinos on the Strip.

“Berkley has seen card check as it is applied in Las Vegas and she signed on in 2007 as an original co-sponsor of the bill that passed in the House. But as the debate over the Employee Free Choice Act heats up as labor’s top priority, Berkley has yet to offer her support. …

“Opponents of the bill, however, say Democrats are not in full agreement this time because the bill actually has a chance of passing, which means their votes could make a difference.”

Mascaro, “Past friends of card check still weighing bill,” Las Vegas Sun, 03.03.09


This is bad news for card check supporters, particularly with rumors springing up around the web about a card check bill introduction as early as Monday, March 9th. But it’s great news for workers, who should always be guaranteed the right to a secret ballot.

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