Much of what is coming out of Washington D.C. since the inauguration of President Obama suggests that introduction of the Employee Free Choice Act (EFCA) may not occur until at least March and perhaps later. Many leading Democrats in Congress have gone on record as stating that EFCA will have to wait until initiatives addressing the economy are pushed through.
Additionally, President Obama has expressed his support of the EFCA legislation using the phrase “in some form.” This language has led political pundits to speculate that some of the more controversial aspects of the legislation are up for debate. Meanwhile, President Obama’s Secretary of Labor, Wilma Leibman, has expressed her support for a change to the National Labor Relations Act.
Keith Smith, Director of HR Policy at the National Manufacturers Association (NAM), recently told ASE of NAM’s belief that EFCA will be introduced in March, will be quickly passed by the House of Representatives, but will stall in the Senate due to opposition from Republicans and some southern Democrats. Mr. Smith believes that the outcome of that scenario will be a compromise version of the EFCA bill.
Of little note was the introduction earlier this month (January 9) in the House of Representatives of H.R. 243 by a southern Democrat. Introduced by Rep. Gene Green of Texas, the bill seeks passage of the sections of EFCA pertaining to compulsory mediation and arbitration of the first contract, which are key provisions of EFCA. However, H.R. 243 leaves out the provisions for the secret ballot election and increased civil penalties for breaching the rights to organize as laid out by the National Labor Relations Act. H.R. 243 is currently in the Committee on Education and Labor.
Opinion polls taken as recently as January 11 continue to show opposition to this legislation even by union members. A poll of 1000 likely voters taken by McLaughlin and Associates showed that of 400 union households, 74% opposed EFCA while only 20% supported it.