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HAS THE BUSINESS COMMUNITY BOXED ITSELF INTO A CORNER ON LABOR LAW?

I've written often on the strategic mistake the unions made uniting behind the specific solution of card check rather than the general problem of unfair barriers to workers who want to organize. But I'm starting to wonder if the business community hasn't made the same mistake in reverse. They've done a damn good job burying card check. But they haven't convinced anyone that unfair elections aren't a problem.

Last week, a massive coalition of business groups sent a "Dear Senator" letter that stated, "let us be clear and frank on this matter; there can be no acceptable 'compromise' on any issue of labor law reform due to the very real threat posed by EFCA." Huh. "That hardly sounds like bargaining in good faith," sighed the Washington Post. And the increasing perception of employer stubbornness is lending life to compromise proposals. One such idea is being floated by Arlen Specter, who desperately wants SEIU's help in his next election. He's backing a set of fixes that would speed elections -- the vote would come no more than three weeks after a request is filed -- and guarantee organizers "equal time under identical circumstances" to make their pitch to employees. So if management holds a captive audience meeting, then they have to give organizers the same opportunity.

The corporate community opposes this, too. But having predicated their assault on a principled belief in "workplace democracy," it's extremely hard for them to credibly oppose reforms that would help bring democracy to the workplace. Just as the unions chose poor ground when they centered their fight around card check, the business community has made a bad decision centering their counterattack around workplace democracy.



COMMENTS

Yes, because a public who doesn't understand cap and trade is going to follow card check oh so closely.

I actually think Specter's compromise is better policy. I'd much rather see better enforcement and tightening of the laws on anti-union activity than the card-check and binding arbitration bill.

IIRC, I called this the day after Specter said he wasn't going to change his mind back on EFCA. He heroically brokers a bipartisan compromise and gets a wet sloppy kiss from David Broder and something to put in his reelection campaign ads, unions get some actual movement on their agenda, and the Dems get another senator who, even though he might not be reliable, at least doesn't return the Republican whip's calls. And Specter owns the Specter compromise, so it's his job to get it through the Senate.

(Someone claiming that the excessive focus on EFCA was clever political judo in 3..2..1..)

equal time under identical circumstances

Does anyone think anti-union companies would actually adhere to this? Unless enforcement is ramped up and penalties greatly increased management will just break the compromise law, beat back the union campaign and worry about paying paltry sums on the unlikely event they are investigated.

Of course, the corporations didn't have a lot of choices about how to run their campaign. What were they going to do? Run the campaign on the inalienable right of employers to fire people who want to start a union?

The public could care less about card check.

IF this country was a democracy, instead of a banker-run aristocracy, EFCA would have passed already. Americans have pretty much always been behind it. The only thing those commercials did was give the Democrats an excuse as they did they perform their ritual stabbing in the back of those of us who voted for them.

Never again.

How about MANDATORY elections to certify or de-certify the unions in every workplace on a revolving basis (every four years)? That should answer the objections of both side to the card check...

...and keep local and national union leadership in touch with the workers -- solving the objection most often made to unionizing, that leadership get entrenched and bureaucratic because it faces no real election opposition.

IF this country was a democracy, instead of a banker-run aristocracy, EFCA would have passed already. Americans have pretty much always been behind it. The only thing those commercials did was give the Democrats an excuse as they did they perform their ritual stabbing in the back of those of us who voted for them.

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Dems get another senator who, even though he might not be reliable, at least doesn't return the Republican whip's calls. And Specter owns the Specter compromise, so it's his job to get it through the Senate.

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the Republican whip's calls. And Specter owns the Specter compromise, so it's his job to get it through the Senate.

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As for the labor laws, it would practically turn back into business groups..

Thank you very much..

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And Specter owns the Specter compromise, so it's his job to get it through the Senate. :)

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About Ezra Klein

Ezra Klein is an associate editor at The American Prospect. An archive of his articles for The American Prospect can be found here.

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