Secret Ballot Watch

One would think George McGovern would be a shoo-in as a supporter of the Employee Free Choice Act.

In his acceptance speech for the 1972 Democratic presidential nomination, he called for “justice and jobs for all our people” – a vision that supporters of EFCA claim pursuit of today.

So it was quite a surprise – especially to the act’s supporters – when the former South Dakota senator came out against the proposal. McGovern – a longtime advocate of workers – found the bill to be, well, undemocratic and bad for … you guessed it, workers.

In 2008, he made his original case against the act in The Wall Street Journal, and he expanded on his views about why it is bad for workers and our economy in May:   

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“Last year, I wrote on these pages that I was opposed to this bill because it would eliminate secret ballots in union organizing elections. However, the bill has an additional feature that isn't often mentioned but that is just as troublesome -- compulsory arbitration.

“This feature would give the government the power to step into labor disputes where employers and labor leaders cannot reach an agreement and compel both sides to accept a contract. Compulsory arbitration is bound to trigger the law of unintended consequences. …

“A federally appointed arbitrator cannot be expected to understand the nuances specific to each business dispute, the competitive market position of the business, or the plethora of other factors unique to each case. Yet fundamental decisions on wages and benefit costs, rules for promotions, or even rules for exiting an unprofitable line of business could fall to federal arbitrators under EFCA.

“Many labor contracts can run over 100 pages with their requirements of each party. Compulsory arbitration is, in one sense, government dictating to employees what they will win or lose in the deal, with no opportunity to approve the ‘agreement.’ Why should employees pay union dues to get such a contract? …

“When it comes to labor disputes, both parties should be guaranteed a real chance for compromise under the joint economic threat of contract breakdowns. George Meany, president of the AFL-CIO for nearly 30 years before retiring in 1979, had it right in condemning mandatory arbitration as ‘an abrogation of freedom.’”

McGovern, “The ‘Free Choice’ Act Is Anything But,” The Wall Street Journal, 05.07.09 

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McGovern is not some Democratic Party renegade. His 1972 speech also called for national health insurance, more taxes for the wealthy, and pulling U.S. troops out of Vietnam within 90 days of taking office.

Both Democrats and Republicans alike have found reason to oppose this misguided legislation. McGovern’s opposition to this anti-worker scheme is just another reason EFCA must fail.

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