Employee Free Choice Act to be top priority for unions in 2009, though roadblocks remain

One big problem will be the U.S. Senate, where workers and their allies did not get the filibuster-proof 60-vote majority they were shooting for. The law, passed by the House in this Congress, was derailed by a Senate filibuster led by Minority Leader Mitch McConnell, R-Kentucky, who won re-election Tuesday.

Unionists and their allies gained at least half a dozen seats – not enough to break a filibuster, with one Senate race, in Georgia, headed for a runoff in December. Three other Senate races, including those in Minnesota and Alaska, are still too close to call.

But another problem may be that president-elect Obama and vice-president-elect Joseph Biden, both strong supporters of the Employee Free Choice Act, will have other economic issues on their platter first – and AFL-CIO leaders have not recently discussed EFCA\’s provisions and its scheduling with Obama\’s team.

"We discussed how to win the election, first," Secretary-Treasurer Richard Trumka said after the federation\’s post-election news conference Wednesday.

The Employee Free Choice Act would help level the playing field between workers and bosses in union organizing and in bargaining initial contracts. It would write into labor law "card check" recognition of unions – a 45-year-old practice where unions are recognized if they sign a majority of covered workers at a site to NLRB election authorization cards. Currently, workers can use "majority sign-up" in lieu of going to a National Labor Relations Board election only if the employers agrees. EFCA would allow employees to choose how they determine their union representation.

The legislation also would sharply increase penalties, to $20,000 per violation, for labor law-breaking and would make it easier to get court orders against employers who violate worker rights. And it would mandate binding arbitration between unions and bosses if they cannot reach an initial contract within 120 days of starting talks.

Trumka, AFL-CIO President John Sweeney and other union speakers emphasized the situation will change for the law just because two of its supporters will be in the White House, as opposed to GOP President George W. Bush, who opposes it.

"For the first time in eight years, we have a president who supports workers\’ rights," federation Political Director Karen Ackerman added.

"We must counterbalance corporate power. The gap between the wealthy and everyone else has grown from a gulf to a chasm under Bush," Sweeney said. "We cannot rebuild the middle class and ensure that economic growth is shared unless we give working people back the freedom to improve their lives through unions and bargain for better wages and benefits.

"Workers in unions, after all, make 30% more than those without a union and there are much more likely to have benefits. And so our top priority is passage of the Employee Free Choice Act, legislation that will restore workers\’ freedom to bargain for a better life. In an economy that gives corporations too much power, a union card remains the single best ticket into the middle class," Sweeney added.

But under questioning, Sweeney had no schedule for its consideration in the new Congress. "We don\’t have final races on all congressional races yet. And we\’ll be strategizing about it based on that situation," he said. He also admitted "we have to see what the final results are from the Senate."

"We\’re a lot closer to passing it than we were before the election, because candidates up and down the ballot supported it," added Legislative Director Bill Samuel.

Trumka said that every possible way to get the legislation through Congress will be on the table. The Chamber of Commerce and other business groups spent a combined $60 million in an anti-EFCA drive, focused on key and close Senate races, in the 2008 campaign\’s homestretch. They have already made stopping it their top priority

"There are an infinite number of strategies to get it passed and each one of them will have our complete attention," Trumka said.

Mark Gruenberg writes for Press Associates, Inc., news service. Used by permission.

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