Commentary


The proposed card-check law: bane or blessing?

March 25, 2009


Barbara Young
Editor-in-Chief
The National Provisioner

I recently asked several meat-industry chief executives to answer this question: “If you could get the ear of a key powerbroker in Washington with the most influence over your business, what would you ask for?”

“I think I would go to the Labor Department rather than USDA,” answers the founder and president of a 31-year-old West Coast beef processing company. “I can live with USDA regulations – whether they are right, wrong or science based, we can work through them. I am very nervous about our labor pool. Without our employees we can’t be in business. I’m worried about ICE [U.S. Immigration and Customs Enforcement] and the power that the unions have—really nervous about that.”

Since its reintroduction in the House of Representatives in February of 2007, the Employee Free Choice Act (EFCA) aka “card check” law has been a boiling pot of controversy. The bill may be moving closer to the finish line, given its widespread support by the Obama administration.

Although the American meat industry may not represent a united front in opposition to this new addition to the nation’s labor laws, it is feared by many who see it as yet another unnecessary whack at business.

The Obama administration ain’t buying that argument, however. The President has made it clear that he sees no threat to the economy or the business environment from EFCA. Benefits, according to the President, include ensuring that workers have decent pay and benefits allowing them to be “customers for business.”

As written, H.R. 800 presented to the 110the Congress in March 2007, amends the National Labor Relations Act “to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes.”

Basically EFCA would radically impact how employees choose union representation. Traditionally, the union certification process required secret-ballot elections. Under EFCA, 50 percent of a company’s employees would need to sign a card requesting that the employer recognize the representative. EFCA also would mandate binding arbitration of first labor contacts after 120 days and enhance penalties for a number of unfair labor practices.

Predictably, there is no shortage of political rhetoric coming from both sides of the issues behind this bill. Management sees it as an attempt to unfairly strengthen unions and the power of union bosses. Moreover, it is considered a weapon to unfairly target and intimidate workers who shun unions. Labor, on the other hand, views the measure as a necessary means of clearing the way for workers who want to organize a union in their workplace and to do so without undue interference from management.

Some opponents point to existing measures designed to facilitate and aid workforce organization, adding that EFCA is not likely to create a massive increase in union membership.

That being the case, this is my final question: “Is the Employee Free Choice Act necessary?”
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