Secret Ballot Watch

Kicking off the countdown of 10 more reasons the so-called Employee Free Choice Act must fail is a look at why – when it comes to jobs and workers’ rights – there can be no compromise.

With EFCA seemingly stalled in the Senate, supporters have been suggesting “compromises” to the bill – including dropping its dreaded “card check” provision. But as several observers have pointed out, these “compromises” aren’t any better than the original bill itself.

Take a group of Indiana business executives who recently wrote an essay about the attempts to rescue this sinking bill:  

---

“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 concerns echo those set forth by other wary EFCA watchers. For example, that “EFCA's mandatory first-contract arbitration provision is unrealistic, vague and unfair.” Or that it would “slash the time for an organizing vote from a median 38 days to only five or 10 days after 30 percent of workers request a union.” 

No matter how many ways supporters disguise it, the Employee Free Choice Act is a bad idea. And trading one bad idea for another is not a “compromise.” It’s desperate. It’s time for EFCA to go under for good.

# # #