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Controversial 'card check' bill back for fourth time

The business community says the bill, which makes it easier for workers to unionize, would be a job killer.

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Susan Walsh/AP
Sen. Tom Harkin (D) of Iowa spoke to reporters on Capitol Hill in Washington following a news conference to announce the introduction of the Employee Free Choice Act on Tuesday.

Call it 鈥淭ake 4鈥 on Capitol Hill for a high-stakes bill that gives workers the right to unionize without a secret ballot 鈥 and dramatically expands government鈥檚 role in settling labor disputes.

The Employee Free Choice Act, or 鈥渃ard check,鈥 has been introduced in the past three Congresses, but it always failed to win the 60 votes needed to pass controversial legislation in the Senate.

With expanded Democratic majorities in both the House and Senate 鈥 and a president pledging to sign the legislation 鈥 this year may be different.

鈥淭oday is one of those defining moments [in history], as we introduce legislation that puts power back into the hands of people who are truly the backbone of our economy,鈥 said Sen. Tom Harkin (D) of Iowa in a press briefing on Tuesday.

With Rep. George Miller (D) of California, he announced the simultaneous launch of the bill in both houses of Congress.

The proposed law gives workers a choice of forming a union through majority sign-up (鈥渃ard check鈥) or an election by secret ballot. The current election process, governed by the National Labor Relations Board, strongly favors employers, unions say.

The bill also beefs up penalties for employers that discriminate against workers for their union-organizing activity, including treble back pay for workers found to have been illegally fired.

Sponsors say the legislation would improve wages, benefits, and working conditions by helping workers form unions. Critics, including a mobilized business community, say it鈥檚 a job killer. Both sides have been gearing up ads and fundraising appeals.

For labor unions, a key constituency of the Democratic Party, the Employee Free Choice Act is the No. 1 legislative priority.

Activists predict the legislation will correct past disadvantages for labor and expand recruitment.

鈥淚n these dire economic times, I can鈥檛 think of a better way to restore stability to middle-class families than to strengthen unions, said Jim Hoffa, president of the International Brotherhood of Teamsters, in a statement.

On the other hand, opposing the bill is a top priority for Republicans and much of the US business community.

It鈥檚 also a game-changing issue for Republicans, who often find themselves targeted by labor activists in campaign seasons. 鈥淎 lot of union dues are used to run campaigns against Republicans,鈥 says Sen. John Cornyn (R) of Texas, who chairs the National Republican Senatorial Committee.

鈥淲hat this would do is allow a huge pot of money to be accumulated to change the composition of Congress and pave the way for a big union agenda, which I think is the wrong direction when we鈥檙e worried about creating and retaining jobs,鈥 he adds.

One of the most controversial features of the bill requires government arbitration if a contract dispute goes past 90 days.

Employers say it gives government an outsized hand in the management of business.

鈥淭hat means that a government arbiter, who knows nothing about my business structure, is determining under what rules and conditions I鈥檓 going to operate,鈥 says Bruce Josten, top lobbyist for the US Chamber of Commerce, which strongly opposes the bill.

鈥淣ot only does it set terms of employment, work rules, and wages, but an employer is bound by it for two years,鈥 he adds.
A similar bill passed the House on March 1, 2007, by a vote of 241 to 185. On June 26, 2007, it fell nine votes short of the 60 votes needed to break a filibuster in the Senate.

In both houses, some lawmakers who have sponsored the bill in years past are holding off on their endorsements. Critics say that鈥檚 because with enhanced Democratic majorities on Capitol Hill, the bill has a real chance of passing this year 鈥 and sponsors will take heat for its consequences.

鈥淚鈥檓 just waiting for it to unfold in committee and see what it looks like when it hits the floor,鈥 says Sen. Mark Pryor (D) of Arkansas, who backed the bill in the last Congress.

鈥淲hen business groups contact me in Arkansas, I listen to them just as I do to unions. My sense is we can find common ground on this, but we鈥檙e not just there yet,鈥 he adds.

Sen. Susan Collins (R) of Maine, a GOP moderate who has helped broker many of the bipartisan deals in the Senate, says that she is opposing this bill because it does not guarantee a secret ballot to ensure that workers will be protected from intimidation 鈥 and because it gives government too heavy a hand in contract negotiations. The binding arbitration provisions in the bill 鈥渨ould be the most significant change in labor law in decades, and I think it鈥檚 ill advised,鈥 she says.

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