CQ TODAY ONLINE NEWS
May 17, 2009 – 12:22 p.m.
Harkin Optimistic for ‘Card Check’ Bill’
By Karoun Demerjian, CQ Staff
After many setbacks, the “card check” bill’s chief Senate sponsor is expressing new optimism that the legislation, which would ease union organizing, could be on the Senate floor this summer.
In recent weeks, Tom Harkin , D-Iowa, has been meeting with a small number of senators, with occasional input from Majority Leader Harry Reid , D-Nev., to hash out alternatives to the legislation (
Compromise has been on the agenda since the legislation was introduced in March, but strategies have changed in recent weeks, as getting 60 votes in the Senate has evolved from exploring common principles to examining what can be excised in order to bring the bill to the floor — even if that means taking the “card check” out of card check.
Much of the effort centers on Arlen Specter , D-Pa., who has discussed the bill with Harkin since switching political parties in April.
Publicly, Specter has remained open to supporting some form of the legislation, but has insisted that he still opposes the bill’s card check provision — which would allow workers to form unions by petition, in addition to secret-ballot election — and its contract arbitration provisions.
But Harkin indicated last week that Specter’s hard-and-fast stance on the card check language is softening. “He’s willing to negotiate,” Harkin said. “Things are being done both at the staff level and at the member level.”
Among the alternatives being discussed, according to congressional aides and experts on labor policy, are establishing finite time windows for secret-ballot elections to take place once ordered; establishing a mail-in ballot process by which the National Labor Relations Board could not only certify but also monitor elections, thereby preventing employer interference; and the idea of “last, best offer” negotiations, where an arbitrator would choose between a union’s offer and that of an employer in setting the terms of a contract.
If senators can reach an agreement, Harkin says he will take the bill directly to the floor. That’s a turnaround from a few months ago, when he pledged to take the bill through the regular committee process.
“Everybody knows what the issues are, they already know what the amendments are probably going to be,” Harkin said. “So why do it twice?”
That is likely to upset several Republicans, but probably won’t come as much of a surprise.
“I couldn’t tell you of a labor issue that’s actually gone through regular order and through the committee in two and a half years,” said Michael Mahaffey, a spokesman for Michael B. Enzi of Wyoming, the top Republican on the Senate Health, Education, Labor and Pensions Committee.
Democratic Critics Unswayed
Opponents of the legislation say it would cost jobs during a period when the economy can least afford it, and that it would be particularly hard on small businesses struggling to survive.
But Republicans will not be a factor if Harkin is able to convince all sitting Democrats, and Al Franken if he wins the disputed Minnesota Senate seat, to vote for the bill.
Although several key undeclared Democrats — including Dianne Feinstein of California, Mark Pryor of Arkansas and Jim Webb of Virginia — say they have been working with Harkin and others to find a middle ground, not all are optimistic about the prospects.
“Sen. Harkin may be further along the path than I realize, but purely from my perspective, I wouldn’t say we’re even in a ‘working group’ stage yet,” Pryor said. “I’d say the earliest we could [address this] would be the next work period, but I don’t know if that’s realistic.”
Other critical Democrats, such as Mary L. Landrieu of Louisiana and Blanche Lincoln of Arkansas, say they haven’t been included in discussions — and aren’t sure they’ll be able to swallow what results.
“I don’t support the card check bill as it is written,” Lincoln said. “If it’s another bill, if there’s something else they’re trying to accomplish, if somebody wants to bring labor and management together to come up with a compromise that they can both agree on, I’m certainly willing to look at that. But I don’t think that’s what’s happening.”
In the meantime, advocates hope that new support from the White House will help move those on the fence to support some version of the legislation.
President Obama and Vice President Joseph R. Biden Jr. both broke a long silence on card check last week, professing their hope that lawmakers will craft a workable compromise.
“How do we make it easier for people who want to form a union to at least get a vote and have an even playing field?” Obama said in New Mexico on May 14, responding to a question. “How do we do that, but at the same time get enough votes to pass the bill? That’s what we’re working on right now.”




Comments
Does anyone else get the irony of the union leaders threatening Arlen Specter and other politicians unless he votes with them? That's exactly the problem with EFCA. It would allow union organizers to intimidate and threaten employees who didn't agree to sign the card in favor of a union. The history of union violence, including murders, against anti-union workers and even union members is enough to fill a library. Remember United Mine Worker's union leader Joseph Yablonsky who was murdered, along with his wife and daughter by his own union? The murderers were UMW's union leader Tony Boyle and some hired henchmen who killed the Yablonsky family for exposing Boyle for fixing his election as union president. In nearby Green Bay, Wisconsin, union member Tom Monfils was killed by five union "brothers" because he reported one of them for stealing from the company. The list of union leaders taken to court by the Justice Department in 2008 for embezzling union funds is long and impressive. Go to the Department of Labor web site (www.dol.gov) and type in the word "embezzled" in the Search box. Spend the rest of the day reading about millions and millions of dollars of union member funds being embezzled by union leaders. Of course union leaders are threatening politicians who don't support EFCA. Their cash cows are dwindling in number day by day.
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