Secret Ballot Watch

If you want to know why the Employee Free Choice Act slipped into a legislative coma, ask Peter D. Conrad.

Conrad wrote an essay for The Metropolitan Corporate Counsel explaining in detail how the act, which began with great promise thanks to presidential support and a Democratic-led Congress, has become mercifully inert for U.S. workers.

The reasons range from a strong bipartisan defense of the secret ballot to the health care reform debate to the untimely passing of Sen. Ted Kennedy.

Conrad, a New York labor lawyer, also examined some of the rumored compromises to the EFCA bill, such as “quickie” elections, and found that they are just as bad as the original bill:  

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“In addition to ‘quickie’ elections, the compromise bill reportedly would give unions access to the employer's property to address employees during working time to counter the effects of ‘captive audience’ speeches. It would strengthen the NLRB's enforcement authority by empowering the agency to award triple back pay. And, we understand that it would provide for ‘last best offer arbitration’ of contract disputes when parties are unable to reach agreement on their own, so-called ‘baseball arbitration,’ although there also has been talk that the arbitration of contract terms would be limited to situations where the employer has refused to bargain in good faith with the union, i.e., ‘remedial arbitration.’ This offers little if any comfort to employers and the battle over arbitration is certain to continue. It is unacceptable in any form.”

Conrad, “Fast Track Elections Likely To Replace Card-Check In EFCA Compromise Bill,” Metropolitan Corporate Counsel, 10.04.09 

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With proponents of the legislation still aggressively pursuing these flawed “compromises,” Conrad has declared EFCA a “moving target” in the legislative process and not completely halted. He is right to remain cautious. His warnings about the flaws inherent in these alleged “compromises” explain why the Employee Free Choice Act should not pass in any form – there can be no compromise when it comes to workers’ rights and the future of the U.S. economy. The stakes are simply too high. 

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