House GOP Warns Of Possible ‘Backdoor’ For EFCA

Republicans in the House Committee on Education and Labor picked up on a recent article by Philip Klein in The American Spectator, where they point out that the Obama Administration may attempt to see the Employee Free Choice Act enacted via the National Labor Relations Board as it has hit roadblocks in the Senate.

Here is what Klein said:

To this date, Republicans have succeeded in preventing EFCA from becoming law, but the bill’s legislative fate may not even matter if Obama gets several controversial nominees to the labor panel confirmed.

Currently, there are only two members on the five-member NRLB -- one is a Republican and the other a Democrat. To tilt the balance of the board, Obama tapped two union lawyers (Craig Becker and Mark Pearce). He also appointed a Republican Senate staffer, Brian E. Hayes, in hopes it would dissuade Republican senators from blocking the other two.

Becker, a longtime labor activist…wrote a law review article arguing that the major aims of EFCA could be achieved through rulings by the regulatory body to which Obama has appointed him.

Here is what the GOP said in their press release:

It sure seems convenient for union leadership to have friends on the inside who can make their wishes come true without bothering to get the approval of Congress or the American people. Unfortunately, this backdoor to enacting “card check” would still spell trouble for our economy and cost jobs at a time when millions of Americans are out of work. Rather than getting clever with its approach to achieving EFCA standards, the Administration should abandon this item on its job-killing agenda.

Secretary Solis Comments On EFCA

During a Q&A session with Labor Secretary Hilda Solis, she was asked if EFCA will pass next year.

She offered this brief statement: “The president and I are both on the record that we support the Employee Free Choice Act. It's now up to the Congress.”

Nothing new there and nothing we did not know. She did make a point of saying it was up to the Congress which may give the indication that she- and the president- would oppose a move to institute its provisions via the unelected National Labor Relations Board.

38 Democratic Senators Voice Support for Amending Railway Labor Act

A group of Democratic Senators expressed their support for a change to the Railway Labor Act which would make it easier for airline and railway workers to unionize. Under the proposed changes, a union would be certified if a majority of those voting support the union. Currently, the union must get a majority of the bargaining unit to win the election. In effect, those who don’t vote are equal to ‘no’ votes.

The National Mediation Board will be having a hearing today on the proposed rule change today, but it is widely believed they will approve the changes as the Democrats now have a majority on the board.

Former Teamsters president Jimmy Hoffa said this about his support for the change: “This reform lets workers choose a union the same way they choose the president of the United States.” I thought that was rather ironic considering the support from Hoffa and labor for card check- which would reverse a policy in place that lets workers vote in a union election the same way they do for president.

Also of interest was the list of Senators who added their show of support. There were no Senators who are considered vulnerable in the 2010 election nor were there any Senators who are on the fence regarding EFCA. Sen. Arlen Specter (D-PA) joined the list, but he is positing himself to win favor with the liberal base as he faces a difficult race in the Democratic primary.