With the healthcare legislation receiving nearly all news coverage from Congress- and unions spending most of their time in support of it- the Employee Free Choice Act has not been talked about in serious discussions for some time. Don’t think unions have forgotten about it.
You can get the sense of labor's priorities from this appearence by SEIU President Andy Stern on CNBC last week. While most of the talk was about healthcare, he was asked about EFCA and tried to play it as an economic issue. Specifically, he sounded as though he expects to see the bill brought up after the healthcare debate is over. He mentioned a compromise bill which he indicated he would support but he would like to see a vote on card check.
And for those wondering if Stern knows what he is talking about, think about this: he has made 20 visits to the White House since Barack Obama was sworn into office.
Tuesday, November 10, 2009
Friday, October 30, 2009
Even Without EFCA’s Passage
Bloomberg has a good look inside some of the decisions made by the Obama administration favorable to unions. Obviously labor’s number one priority- the Employee Free Choice Act- has not become law, but that doesn’t mean the administration can not quietly impact labor law in a major way.
The issues at hand include tariffs on tires made in China, stalling free-trade agreements, amending airline union election laws, and appointing union loyalists to key positions who will impact decisions like the ones listed (read the article for more details).
While the EFCA received a lot of play in the media and would force elected representatives to be held accountable, many of the early decisions from the Obama administration are simply made behind closed doors with the stroke of a pen.
The issues at hand include tariffs on tires made in China, stalling free-trade agreements, amending airline union election laws, and appointing union loyalists to key positions who will impact decisions like the ones listed (read the article for more details).
While the EFCA received a lot of play in the media and would force elected representatives to be held accountable, many of the early decisions from the Obama administration are simply made behind closed doors with the stroke of a pen.
Labels:
Barack Obama,
Employee Free Choice Act,
labor law
Speaking of Baseball...
Yesterday, we learned that the Major League Baseball Players Association and AFL-CIO were using some baseball players to make their pitch for the Employee Free Choice Act. And it looks like the issue of baseball and unions is not going away. No, this isn’t about the MLBPA, but about the city of Philadelphia and the Transport Workers Union.
The city of Philadelphia will play hosts to Games 3, 4, and 5 of the World Series (Saturday through Monday). At the same time, the Transport Workers Union who represent over 1,200 bus drivers, subway and trolley operators, and mechanics with the city’s public transportation have authorized a strike.
The union has given a 12:01 a.m. Sunday deadline for the strike call, but it could come sooner. I doubt authorizing a strike to coincide with the World Series was merely a coincidence.
The city of Philadelphia will play hosts to Games 3, 4, and 5 of the World Series (Saturday through Monday). At the same time, the Transport Workers Union who represent over 1,200 bus drivers, subway and trolley operators, and mechanics with the city’s public transportation have authorized a strike.
The union has given a 12:01 a.m. Sunday deadline for the strike call, but it could come sooner. I doubt authorizing a strike to coincide with the World Series was merely a coincidence.
Labels:
Strike,
Transport Workers Union
Thursday, October 29, 2009
Because I Get My Political Advice From Baseball Players…
With the World Series as a backdrop, the Major League Baseball Players Association- which is a member of the AFL-CIO- released an ad featuring nine baseball players who support the Employee Free Choice Act.
The ad states:
The ad features a variety of players including three competing in this years fall classic- Jimmy Rollins, Mark Teixeira and Shane Victorino. Some of the others players; not so much… J.J. Putz anybody?

The ad states:
“[A]ll Americans should have the same opportunity we’ve had -- to be able to join a union without being fired and to negotiate with their employers without being penalized. Today, our country is facing some tough times. Health care costs are skyrocketing. Families are losing homes. Savings and retirement income are disappearing overnight. Now more than ever, we need a strong union movement to protect our jobs, our pensions, and our future. The Employee Free Choice Act simply guarantees a level playing field for all workers. It makes sure everyone plays by the same rules. That’s as important in the workplace as it is in baseball.”
The ad features a variety of players including three competing in this years fall classic- Jimmy Rollins, Mark Teixeira and Shane Victorino. Some of the others players; not so much… J.J. Putz anybody?

Labels:
Employee Free Choice Act,
MLBPA
Wednesday, October 21, 2009
“Union Proof” Book Distribution Tops 2,500 Copies
"Union Proof: Creating your Winning Strategy" book from Labor Relations veteran reaches new milestone. Author credits desire for preventative strategies in light of pending legislation, such as the Employee Free Choice Act.
Norcross, GA (Vocus/PRWEB ) October 21, 2009 -- Last year, Peter Bergeron released his first book, Union Proof: Creating Your Successful Union Free Strategy. Today, the book reached a circulation of over 2,500, having become required reading for labor relations and human resource professionals nation-wide.
Using lessons learned from his more than 33 years in labor relations, where he led several successful counter-organizing campaigns for General Dynamics, “Union Proof” features an easy to follow process for all Human Resources and Labor Relations professionals. It includes multiple actionable items and is filled with powerful tips and tools for remaining union-free.
“I was pleasantly surprised by all of the positive reaction and feedback the book has received,” Bergeron said. “It demonstrates that companies are learning they need to speak to their employees before a union does.”
One reason for the interest in the is the recent changes in the political climate. The new, labor-friendly Washington is promoting several pieces of legislation including the Employee Free Choice Act (EFCA) and the RESPECT Act. EFCA, which has received a large amount of publicity, is legislation designed to smooth the way for the growth of organized labor, while the RESPECT Act aims to alter the definition of ‘supervisor’ for union organizing purposes. The Obama Administration has also issued a number of executive orders sympathetic to labor unions.
“I get calls almost everyday asking about the latest on EFCA or some other piece of legislation,” says Walter Orechwa, Owner and CEO of employee communications firm, Projections, Inc. “The truth is that these are all moving targets and that makes it difficult to pinpoint what direction organized labor will move in. What companies can –and should - control, is their message to employees. A positive, union-free culture and message can combat whatever Washington throws at you.”
Bergeron, who utilized both custom preventative and campaign communications tools from Projections during his time at General Dynamics, shared that sentiment, and warns companies that the worst thing they can do is nothing at all.
“It is a flawed philosophy to believe that union organizers will not try to organize your company or talk to your employees if you never use the word “union” or communicate your union-free philosophy,” cautioned Bergeron. He went on to say, “Remaining silent on the issue of unionization is no longer an option. If you are not talking directly to your employees on this issue, you can bet the union organizers will.”
"Union Proof: Creating Your Successful Union Free Strategy" by Peter J. Bergeron is available through online retailers such as Amazon.com, and can be purchased through Projections, Inc. The book is also offered free of charge to Projections’ “Insider” members. See http://www.unionproof.com/ for more information.
Norcross, GA (Vocus/PRWEB ) October 21, 2009 -- Last year, Peter Bergeron released his first book, Union Proof: Creating Your Successful Union Free Strategy. Today, the book reached a circulation of over 2,500, having become required reading for labor relations and human resource professionals nation-wide.
Using lessons learned from his more than 33 years in labor relations, where he led several successful counter-organizing campaigns for General Dynamics, “Union Proof” features an easy to follow process for all Human Resources and Labor Relations professionals. It includes multiple actionable items and is filled with powerful tips and tools for remaining union-free.
“I was pleasantly surprised by all of the positive reaction and feedback the book has received,” Bergeron said. “It demonstrates that companies are learning they need to speak to their employees before a union does.”
One reason for the interest in the is the recent changes in the political climate. The new, labor-friendly Washington is promoting several pieces of legislation including the Employee Free Choice Act (EFCA) and the RESPECT Act. EFCA, which has received a large amount of publicity, is legislation designed to smooth the way for the growth of organized labor, while the RESPECT Act aims to alter the definition of ‘supervisor’ for union organizing purposes. The Obama Administration has also issued a number of executive orders sympathetic to labor unions.
“I get calls almost everyday asking about the latest on EFCA or some other piece of legislation,” says Walter Orechwa, Owner and CEO of employee communications firm, Projections, Inc. “The truth is that these are all moving targets and that makes it difficult to pinpoint what direction organized labor will move in. What companies can –and should - control, is their message to employees. A positive, union-free culture and message can combat whatever Washington throws at you.”
Bergeron, who utilized both custom preventative and campaign communications tools from Projections during his time at General Dynamics, shared that sentiment, and warns companies that the worst thing they can do is nothing at all.
“It is a flawed philosophy to believe that union organizers will not try to organize your company or talk to your employees if you never use the word “union” or communicate your union-free philosophy,” cautioned Bergeron. He went on to say, “Remaining silent on the issue of unionization is no longer an option. If you are not talking directly to your employees on this issue, you can bet the union organizers will.”
"Union Proof: Creating Your Successful Union Free Strategy" by Peter J. Bergeron is available through online retailers such as Amazon.com, and can be purchased through Projections, Inc. The book is also offered free of charge to Projections’ “Insider” members. See http://www.unionproof.com/ for more information.
Labels:
Peter Bergeron,
Union Proof
Tuesday, October 20, 2009
Has Opposition to EFCA From Senators Feinstein or Lincoln Changed?
There are a couple stories from Washington and on the campaign trail relating to the Employee Free Choice Act, and where it stands now.
Sen. Dianne Feinstein (D-CA) reiterated her opposition to EFCA stating that it doesn't make sense to pass a bill like this during a recession. A previous backer of the bill, Feinstein received a 100 rating from the AFL-CIO last year, and has started to receive some pressure from unions in her home state to move back toward her old position. She did say she would hope that business and labor could find "common ground."
Another Democratic Senator is also looking to business and labor to agree to a compromise. Sen. Blanche Lincoln (D-AR), who is feeling political pressure from both sides of the issue, recently told the Arkansas State Chamber of Commerce and Associated Industries of Arkansas that she still opposes EFCA and that Congress should spend time on other priorities, including healthcare.
On the campaign trail, the GOP candidate for a special election in New York's 23rd Congressional District now says she supports EFCA with the card check provision. State Assemblywoman Dede Scozzafava had previously supported the modified version without card check, but has told the AFL-CIO that she supports card check (as does her Democratic challenger). Labor groups have been largely divided on who to support in this race. The election will take place November 3rd. The previous holder of this seat, Rep. John McHugh, also supported the Employee Free Choice Act.
In another election story, former Rep. Rob Simmons- who is challenging Sen. Chris Dodd for his Senate seat in Connecticut- stated that he now opposes EFCA. As a Congressman, Simmons supported the bill. If EFCA doesn't clear the Senate during this session, this could be an issue as Simmons maintains an early lead on Dodd. Dodd is a co-sponsor of the bill.
Sen. Dianne Feinstein (D-CA) reiterated her opposition to EFCA stating that it doesn't make sense to pass a bill like this during a recession. A previous backer of the bill, Feinstein received a 100 rating from the AFL-CIO last year, and has started to receive some pressure from unions in her home state to move back toward her old position. She did say she would hope that business and labor could find "common ground."
Another Democratic Senator is also looking to business and labor to agree to a compromise. Sen. Blanche Lincoln (D-AR), who is feeling political pressure from both sides of the issue, recently told the Arkansas State Chamber of Commerce and Associated Industries of Arkansas that she still opposes EFCA and that Congress should spend time on other priorities, including healthcare.
On the campaign trail, the GOP candidate for a special election in New York's 23rd Congressional District now says she supports EFCA with the card check provision. State Assemblywoman Dede Scozzafava had previously supported the modified version without card check, but has told the AFL-CIO that she supports card check (as does her Democratic challenger). Labor groups have been largely divided on who to support in this race. The election will take place November 3rd. The previous holder of this seat, Rep. John McHugh, also supported the Employee Free Choice Act.
In another election story, former Rep. Rob Simmons- who is challenging Sen. Chris Dodd for his Senate seat in Connecticut- stated that he now opposes EFCA. As a Congressman, Simmons supported the bill. If EFCA doesn't clear the Senate during this session, this could be an issue as Simmons maintains an early lead on Dodd. Dodd is a co-sponsor of the bill.
Friday, October 16, 2009
NLRB Confirmation Vote Coming Soon
The Senate Health, Education, Labor and Pensions Committee plans to vote on three nominees to the National Labor Relations Board next week. The board is currently operating with just two members, and a federal court recently ruled all decisions made by the two-person board were invalid.
With a Senate seeming to put labor's biggest interest on the backburner for now, many wonder how far Obama's nominees will go in reshaping labor law.
Business groups, led by the U.S. Chamber of Commerce, have focused in on one of the nominee's who they consider outside of the mainstream. They are concerned with previous statements and writings of Craig Becker, one of the nominees. They called for a hearing on Becker, but the committee rejected that request.
Becker served as associate general counsel for SEIU and has claimed that the board can alter labor laws in the unions favor without the consent of Congress. Becker also served on Obama's transition team and was responsible for pro-union executive orders. At the same time, he was still on the payroll for SEIU and lobbying for the union, along with the AFL-CIO.
The vote on Becker, and two others, will take place on Wednesday.
With a Senate seeming to put labor's biggest interest on the backburner for now, many wonder how far Obama's nominees will go in reshaping labor law.
Business groups, led by the U.S. Chamber of Commerce, have focused in on one of the nominee's who they consider outside of the mainstream. They are concerned with previous statements and writings of Craig Becker, one of the nominees. They called for a hearing on Becker, but the committee rejected that request.
Becker served as associate general counsel for SEIU and has claimed that the board can alter labor laws in the unions favor without the consent of Congress. Becker also served on Obama's transition team and was responsible for pro-union executive orders. At the same time, he was still on the payroll for SEIU and lobbying for the union, along with the AFL-CIO.
The vote on Becker, and two others, will take place on Wednesday.
Labels:
Craig Becker,
NLRB,
SEIU
Tuesday, October 13, 2009
Obama Pledges To "Paint the Nation Purple with SEIU"
Barack Obama speaks to SEIU supporters in a recently uncovered video from last year's campaign trail:
Labels:
Barack Obama,
Employee Free Choice Act,
SEIU
Friday, October 9, 2009
The Week That Was
Not a lot of EFCA stories this week as Congress heads into the healthcare debate with full steam ahead. But, speaking of the healthcare bills: unions are making their voice heard that they want a bill with the public option and do not find the Baucus bill acceptable. I have received an average of three e-mails a day from the AFL-CIO talking about healthcare reform- but can’t remember the last time they sent out something related specifically to unions.
If You Like EFCA, You’ll Love…
That doesn’t mean the AFL-CIO hasn’t been busy trying to change labor laws. No, I am not talking about EFCA but a part of the Railway Labor Act they don’t think too highly of. Under the 75 year old law, a majority of the workers must vote in support of the union. The AFL-CIO wants a “minority rule” which requires only a majority of those voting (similar to rules under FLSA). Of course, the timing is great for the AFL-CIO as Delta heads into two union elections as a result of their merger with Northwest. Remember, Delta flight attendants lost a union election last year- I imagine the union doesn’t want to see that again and is calling on Obama to bail them out.
What About Decertification?
In response to this request, the Air Transport Association is asking that they make rules to decertify a union easier should they make certification easier. Will the National Mediation Board support the union’s cause but not approve the decert proposal?
Boeing Headed South?
The state of Washington is nervously watching what Boeing will do after there South Carolina plant voted to oust the Machinist union that is still in full force at the Everett location. Boeing wants a no-strike guarantee from the IAM but hasn’t received it, and the governor has avoided the issue.
When You Strike…
Ottawa (IL) High School teachers are currently on strike, but they may be out of a job longer then they bargained for. The school district has the authority under the law to fire the striking teachers and hire permanent replacements. The school board president has said they have not thought about this yet, but will do so should the strike continue to drag on.
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If You Like EFCA, You’ll Love…
That doesn’t mean the AFL-CIO hasn’t been busy trying to change labor laws. No, I am not talking about EFCA but a part of the Railway Labor Act they don’t think too highly of. Under the 75 year old law, a majority of the workers must vote in support of the union. The AFL-CIO wants a “minority rule” which requires only a majority of those voting (similar to rules under FLSA). Of course, the timing is great for the AFL-CIO as Delta heads into two union elections as a result of their merger with Northwest. Remember, Delta flight attendants lost a union election last year- I imagine the union doesn’t want to see that again and is calling on Obama to bail them out.
What About Decertification?
In response to this request, the Air Transport Association is asking that they make rules to decertify a union easier should they make certification easier. Will the National Mediation Board support the union’s cause but not approve the decert proposal?
Boeing Headed South?
The state of Washington is nervously watching what Boeing will do after there South Carolina plant voted to oust the Machinist union that is still in full force at the Everett location. Boeing wants a no-strike guarantee from the IAM but hasn’t received it, and the governor has avoided the issue.
When You Strike…
Ottawa (IL) High School teachers are currently on strike, but they may be out of a job longer then they bargained for. The school district has the authority under the law to fire the striking teachers and hire permanent replacements. The school board president has said they have not thought about this yet, but will do so should the strike continue to drag on.
Be sure to follow us on Twitter for regular updates of all the latest labor and employment news.
Thursday, October 1, 2009
EFCA Latest Hits
Yesterday, Sen. Tom Harkin (D-IA) sounded very optimistic about passage of the Employee Free Choice Act in some form. Today, Sen. Sherrod Brown (D-OH), another Democrat who has been in the middle of drafting a compromise and trying to build support for the bill said he was unsure if the compromise had 60 votes.
Brown said he has been working with Democrats and Republicans but said it was not clear where the votes stood at this point. However, Brown remained confident that some bill will pass- either this year or next. Another interesting point is that Brown said he was not happy with the changes- specifically removing card check- but he knew a bill with that provision would never pass.
New Senator Confirms Support
Interim Sen. Paul Kirk (D-MA), appointed to replace the late Ted Kennedy, told The Hill that he will co-sponsor EFCA and would vote for its passage. Kirk’s appointment gave the Democrats a filibuster proof 60th vote in the Senate.
Lincoln Feeling Heat?
Sen. Blanche Lincoln (D-AR) is one of the most vulnerable incumbents running for re-election in 2010, and recently came out in opposition to EFCA. She initially supported the legislation in 2007.
While Lincoln may be moving to the right to help her chances in the general election, it appears that this has angered some Democratic supporters who may challenge her from the left. Not only has Lincoln alienated the left with her opposition to EFCA, she also opposes healthcare reform that unions have labeled their top priority at this moment. David Sanders, who covers politics in Arkansas, looks at the possibility of a primary challenger.
The primary may not be Lincoln’s biggest challenge as a new Rasmussen poll shows the Senator trailing four different Republicans in hypothetical 2010 match-ups. And her favorable-unfavorable rating stands at 45-52.
Brown said he has been working with Democrats and Republicans but said it was not clear where the votes stood at this point. However, Brown remained confident that some bill will pass- either this year or next. Another interesting point is that Brown said he was not happy with the changes- specifically removing card check- but he knew a bill with that provision would never pass.
New Senator Confirms Support
Interim Sen. Paul Kirk (D-MA), appointed to replace the late Ted Kennedy, told The Hill that he will co-sponsor EFCA and would vote for its passage. Kirk’s appointment gave the Democrats a filibuster proof 60th vote in the Senate.
Lincoln Feeling Heat?
Sen. Blanche Lincoln (D-AR) is one of the most vulnerable incumbents running for re-election in 2010, and recently came out in opposition to EFCA. She initially supported the legislation in 2007.
While Lincoln may be moving to the right to help her chances in the general election, it appears that this has angered some Democratic supporters who may challenge her from the left. Not only has Lincoln alienated the left with her opposition to EFCA, she also opposes healthcare reform that unions have labeled their top priority at this moment. David Sanders, who covers politics in Arkansas, looks at the possibility of a primary challenger.
The primary may not be Lincoln’s biggest challenge as a new Rasmussen poll shows the Senator trailing four different Republicans in hypothetical 2010 match-ups. And her favorable-unfavorable rating stands at 45-52.
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