EFCA…The Bill That Will Not Go Away

September 30, 2009

Although Congress is currently focused on health care reform, big labor bosses' commitment to passing the job-killing Employee Free Choice Act (EFCA) remains strong. Some 18,000 union members attended more than 400 town halls throughout the August recess pushing for health care reform and card check legislation.

Labor is moving away from firmly supporting the EFCA in its current form to supporting a modified version of the bill based on the principles of the current legislation -- including binding arbitration.

Union rhetoric is certainly increasing. The incoming head of the AFL-CIO, Richard Trumka, made this clear when he said: “Today, more than ever, we need to be a labor movement that stands by our friends, punishes its enemies , and challenges those who, well, can't seem to decide which side they're on.”

Union groups are also increasing their grassroots advocacy with lawmakers. The group American Rights at Work dispatched 300 activists from 15 states to meet with members of Congress to lobby in support of the EFCA on Capitol Hill.

Newly appointed Senate Health, Education, Labor and Pensions (HELP) Committee Chair Harkin (D-IA) said recently that a deal had been struck in July to move a modified version of the EFCA forward and that he intends to use his new post to bring up the EFCA during “this session of Congress.” However, the Senator had previously stated on the record that “Nothing is happening on [the EFCA] right now.”

Speaking to the AFL-CIO's Annual Convention recently, Sen. Specter (D-PA) claimed that a deal had been “pounded out” on the EFCA that would be “totally satisfactory” to organized labor. Specter said that the framework of such a deal would embrace the core principles of the original legislation, including quick certification of labor unions and some form of binding arbitration for union contracts. In his remarks, the Senator expressed hope that such a deal could be passed by the Senate before the end of the year.

Organized labor continue urge for a vote on the bill this year. However, recent indications from Senate leadership are that the Senate's current calendar would prevent a vote in the coming weeks.

The Congressional calendar isn't organized labor's only hurdle. A recent Gallup poll found that the majority of Americans disapprove of labor unions. This poll showed a record-low 48 percent public approval rating for organized labor. Additionally, this same survey showed that 51 percent of the public feels labor unions are harmful to our economy.