The Big Picture - Broader Congressional Agenda
The card check threat is real and pressing -- and is a key component of an ambitious, far-reaching labor law reform agenda percolating in Washington.
The Employee Free Choice Act (EFCA) was originally introduced in Congress in 2007 where it passed easily in the House of Representatives but failed against a Republican filibuster in the Senate. Now, however, the political landscape has drastically changed. With a heavy Democrat majority in the Senate, the bill will likely pass easily. Additionally, President Obama was a co-sponsor of the original bill and has promised to make it “the law of the land.”
A New Congress
Card check is the most prominent in a long list of labor issues expected to be presented to the new Congress, including:
- Mandated paid leave programs
- Increased payroll taxes
- Workers’ compensation laws
- Universal health care
In its first week in session in 2009, the House passed the Paycheck Fairness Act, which requires employers to prove a business necessity for paying different salaries to men and women performing the same job, by a vote of 256-163. The Lilly Ledbetter Fair Pay Act, which overturns a 2007 Supreme Court decision that made it harder to sue for pay discrimination, also passed by a vote of 247-171. A revised version of the bill also passed the Senate and was signed into law by Barack Obama on January 29, 2009.
On January 7, 2009, the Labor Relations First Contract Negotiation Act of 2009 was introduced as House Bill 243. This bill would require mandatory mediation if a collective bargaining agreement is not signed within 60 days after certification. Further, if the employer and union have not reached agreement within 30 days of selecting the mediator, the matter is transferred to mandatory arbitration.
These early forays into less controversial labor rights issues are a prelude to the coming debate over EFCA /card check.
Key Cabinet Appointment
In addition to the changes in Congress, President Obama has nominated Rep. Hilda L. Solis, who has a long pro-union history, for Secretary of Labor. Rep. Solis was a co-sponsor of the Employee Free Choice Act and has voted with the AFL-CIO 97% of the time. Rep. Solis received 75% of her campaign contributions from unions and also is the only member of Congress on the board of American Rights at Work, a pro-union group that is pushing for passage of EFCA.
These key changes provide the ideal environment in which to pass card check legislation.