Entering into the 111th Congress, passing the Employee Free Choice Act (EFCA) into law is organized labor’s number one priority. This legislation effectively denies workers the protection of a secret ballot in union organizing campaigns and deprives them of the right to approve or decline contracts imposed upon them by arbitrators. EFCA threatens the well-being of the millions of American workers who have willfully chosen the independence and flexibility inherent in a workplace without unions. In short, it is harmful legislation that will ultimately result in a loss of jobs at a time when our state’s retailers are already suffering.
The likely economic harm posed by EFCA was expressed in a recently released non-partisan economic impact study. According to the study, empirical evidence indicates that every three percentage points gained in union membership through card checks and mandatory arbitration will result in a one percentage point rise in the unemployment rate the following year. Based on the predictions of EFCA proponents, the study suggests that 600,000 more Americans will lose their jobs by the end of 2010.
The message to legislators is working, but we have more work to do. This past week, Sen. Blanche Lincoln (D-AR) became the first Senate Democrat to publicly state opposition to EFCA. This bold move was applauded by the retail and business communities and encourages other senators to join her in opposing both the bill itself and the procedural vote known as cloture which prevents a filibuster. Lincoln’s opposition follows the recent announcement by key Republican Sen. Arlen Specter (R-PA), who also voted for cloture in 2008, that he would oppose this harmful legislation.
Lincoln did not co-sponsor the bill in 2007, but did vote for cloture. Therefore, yesterday’s announcement represents a turnaround in her position and is a direct result of the extensive lobbying and grassroots efforts of retailers and others in the business community. Lincoln said, “I consider both the labor and the business communities to be my friends. However, now that we need all hands on deck, including business and labor, to get our economy moving again, this issue is dividing us. While I may not have been clear about my position in the past, I am stating today that I cannot support Employee Free Choice Act in its current form and I can’t support efforts to bring it to Senate consideration in its current form. I will consider alternatives that have the support of both business and labor but my pledge today is to focus my full attention on the priorities I have mentioned that affect every working family in Arkansas.”
While Lincoln’s announcement is indicative of the growing bipartisan discomfort with EFCA, it does NOT yet guarantee that this bill won’t be considered in either chamber of Congress. Although some in Congress have echoed Sen. Mark Pryor’s (D-AR) sentiments, pronounced hours after Lincoln’s that the bill “as currently written, it’s dead,” labor unions have shown no signs of relenting and are staging more than 300 rallies and other public demonstrations across the nation between April 6-17. Even if a “compromise” is struck, the House of Representatives is not guaranteed to take up the deal and a conference of the two bills could yield us back far closer to EFCA than we ever would dare think. RILA’s opposition to EFCA—or anything resembling the bill—has not changed with Lincoln’s announcement and we urge other member companies to stay the course.
Retailers are encouraged to continue efforts to urge other legislators to join the growing, bipartisan chorus of senators opposed to this terrible bill.