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Union organizing bill introduced in Congress

Thu, Mar 12th 2009 12:00 am
By ADAM SICHKO
The Business Review

ALBANY - Democrats in Congress introduced legislation Tuesday that makes it easier for workers to unionize.

The legislation, dubbed the Employee Free Choice or "card check" act, has again ignited fears among business interests about how much their companies could be changed if the legislation is approved.

At stake is the livelihood of the union movement, which has dwindled in recent decades to one-fifth the size it was in the mid-20th century. In New York, 24.9 percent of the workforce is unionized - the highest rate in the nation.

Currently, if 30 percent of a company's workers sign a card supporting a union, the National Labor Relations Board sets up a company-wide vote on whether to unionize.

The vote is held within 90 days, giving employers who don't want a union time to meet with employees and argue against making such a move.

Under the proposed legislation, if half of a company's workers sign those cards, the union is automatically formed without a full company-wide vote. Some businesses are concerned that workers will be pressured to sign the cards.

Even more troubling for many businesses: The legislation compels employers to bargain with the newly formed union. If no agreement is reached, a government arbitrator would dictate a binding contract that determines wages, benefits and working conditions at the company.

"If passed, (the bill) would destroy jobs and place an even heavier burden on large and small companies," said John Engler, president and CEO of the National Association of Manufacturers, a trade group in Washington, D.C.

The EFCA "is a dramatic departure from long-established labor law," Engler said.

The U.S. Chamber of Commerce had a somewhat more optimistic reaction.

"We are pleased this legislation has finally been introduced, so we can put a stake through its heart," said Randel Johnson, the chamber's vice president of labor issues.

Supporters contend that the bill will boost the economy by guaranteeing higher wages and benefits for workers.

"Today is one of those defining moments in history as we introduce legislation that puts power back into the hands of the people who are truly the backbone of this economy," said Sen. Thomas Harkin (D-Iowa).

Major unions accuse "corporate interests" of lying.

"The corporate interests opposing the Employee Free Choice Act have warned of everything from rioting in the streets to, literally, Armageddon if the bill passes. Nothing could be further from the truth," said a statement from the Service Employees International Union, which focuses on the health-care and maintenance sectors.

The union is spending $50 million this year to promote its top legislative issues. The centerpiece is the Employee Free Choice Act.

The issue is intensely partisan: Democrats authored the legislation, and President Obama says he will sign it into law.

"I do not view the labor movement as part of the problem. To me, and to my administration, labor unions are a big part of the solution," Obama told the AFL-CIO last week, according to a White House transcript. "We need to level the playing field for workers and the unions that represent their interests, because we cannot have a strong middle class without a strong labor movement."

In the Senate, cosponsors include New York Democrats Sen. Charles Schumer and Sen. Kirsten Gillibrand. Rep. Paul Tonko, D-Amsterdam, is one of 222 cosponsors in the House of Representatives.

The bill passed the House in 2007, but Senate Democrats could not muster enough votes to force an end to debate and bring the bill to a final vote. The bill did not pass either chamber in 2008.