- M. Lee Smith Publishers

Senator Arlen Specter, the Republican-turned-Democrat from Pennsylvania, announced on Tuesday, September 15, 2009, at the AFL-CIO convention that he expects Congress to pass a version of the Employee Free Choice Act (EFCA) before the end of the year. He referenced a compromise of the controversial bill that he has been working on and added, “We have pounded out an employees’ choice bill which will meet labor’s objectives.” Specter added that he is confident the bill will receive the 60 votes in the Senate required to end a filibuster, even though he predicts no Republicans will vote for the bill’s passage.<br />
<br />
After his speech, Specter reportedly revealed details of the possible compromise bill. According to him, the new version of EFCA won’t include the contentious card-check provision, which would have made it much easier for employees to form unions by allowing a majority of employees to unionize by signing card-check petitions. Under this provision, employers no longer would have been able to dispute the card-check process through a secret-ballot election if a majority of employees signed the petitions.<br />
<br />
Instead, Specter noted that the legislation would speed up the secret-ballot election process by limiting the time between when employees petition for a unionization election and the actual election. The compromise bill would also give unions some access to the workplace before elections and greatly increase penalties for employers that commit labor law violations.<br />
<br />
It has also been reported that the compromise bill would amend the other provision that is strongly opposed by the business community — the mandatory arbitration provision. The initial legislation provided for mandatory arbitration if an employer and a union failed to agree on a contract within 120 days. Mandatory arbitration will remain in the compromise bill, but instead of allowing a government mediator to set contract terms, the revised bill may go with “last best offer arbitration.” In this type of arbitration, the mediator has to pick either the union’s or the employer’s offer.<br />
<br />
While he was still a Republican, Specter announced earlier this year that he couldn’t support the initial version of EFCA. Since that time, he has switched political parties and is now fully supportive of a version of EFCA without the card-check provision. Specter also asserts that moderate Democrats, who previously opposed the bill, support his compromise. Additionally, after Specter’s speech, President Barack Obama spoke at the convention and maintained his support for EFCA.<br />
<br />
The business community opposes EFCA in its original form and vows to block any compromise. After Specter’s speech, Steven Law, general counsel of the U.S. Chamber of Commerce, noted, “What matters is not whether the AFL-CIO has cut a new backroom deal on the bill; it is whether it can be sold to Senate moderates who are worried about saving jobs, especially their own.”<br />
<br />
EFCA isn’t going away. Learn how to prepare by participating in the extended web seminar coming Thursday, September 24, “Union Avoidance Virtual Summit: Preparing for EFCA and Staying Union-Free in 2009 and Beyond.” For more information, call (800) 274-6774.<br />
<br />