Small Business Issues in the Ballot Box: the Employee Free Choice Act

This election could end up changing labor laws to a great degree

By Matthew Bandyk

Posted: October 31, 2008

Is more unionization a good thing or a bad thing? Goldstein says that there are numerous examples of businesses that have found unions to be beneficial. "

The worst-case scenario would be the arbitrator says you have to pay employees an amount that the employer can't afford and has to either lay off employees or close the business," he says.

Goldstein disagrees, saying "case studies studies show that arbitrators are very fair and that they don't deviate from the norm of what happens when it's voluntary."

No matter how much small-business owners decide that the Employee Free Choice Act would affect them, this election will most likely decide whether it will get passed. John McCain voted to filibuster the bill in 2007, while Barack Obama supported it. What could change things even more than the president is if the Democrats win nine of the 23 Republican Senate seats up for grabs in this year's election (and hold the 12 Democratic seats up for vote). Then they will have enough votes to overcome a filibuster. That's only if the vote is as strictly partisan as it was in 2007. But with an issue this divisive, it is likely to stay that way.

Corrected on 11/03/2008: An earlier version of this article incorrectly stated that all Senate Republicans filibustered the Employee Free Choice Act. Sen. Arlen Spector (R-PA) supported the bill.

EFCA

Q: Do unions use up-front, honest methods to convince workers to sign authorization cards? A: Sometimes. Sometimes not.

Q: Is a union forced to present only factual information during an election campaign? A: No. They can promise whatever they want, however outlandish. They can also personally attack and smear whomever they choose without any repercussion

Q: If I tell a union organizer to leave me alone, because I'm not interested in joining, can s/he come to my home? vandalize my car? A: Yes and Yes (seen it happen to coworkers of mine).

Q: So, then, does the EFCA just make it a cakewalk for a union to organize? A: Yes, because they can BS innoncent people about the card they're signing, and THEN be automatically recognized. Hell, an arbitrator will even draw up a contract for them, so there's no need to bargain in good faith.

I guess this is part of the "change" we've all been looking forward to, eh?

JM in LA of CA @ Feb 02, 2009 20:39:24 PM

The Orwellian anti-EFCA lobbies

It’s amazing how groups which were and remain steadfast opponents of Unions and Workers are now claiming to be advocates of Workers by their opposition to the Employee Free Choice Act. It’s also amazing that the 60 million Workers who would join Unions if they could are never mentioned by these supposed supporters of Workers.

What is really amazing is how stupid these oppressors must think Workers are to believe - for even a moment - that the former are on the side of the latter.

John Bryans Fontaine of CT @ Nov 26, 2008 16:05:09 PM

Marcus

The level of insane hair pulling and outright lying the right is formenting over this issue should be a reality check for the wingnuts.IT WHY YOU LOST. I own a small construction business and I not only support The Free Choice Act, but i want to see laws past that wil make it a CRIMINAL offense to hire Illegals. Hire an Illegal, face criminal prosecution. The hate and nauseating right wing rehtoric being spit out by the ditto head types should be punished, not rewarded. These people should be ashamed of themselves for their fake patriotism. Everything they stand for is anti-American.

Marucs Nestor of MD @ Nov 21, 2008 21:05:57 PM

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