Unable to stomach a "loss" on anti-democratic and anti-competitive "card check" legislation, proponents of the misnamed "Employee Free Choice Act" (HR 1409/S 560) apparently are now pushing for a "compromise" to reach the 60 votes necessary for Senate action. Newly-minted Senate Democrat Arlen Specter, who opposes EFCA in its current form, is rumored to be seeking an alternative to EFCA with labor groups and key congressional leaders. Details on the "compromise" proposal are not yet available, but it likely will include "snap elections" and increased access for union organizers.
Imposing "snap elections" would require union representation elections to be held within just a few days after the required amount of union authorization cards are submitted. Union access provisions would give non-employees, professional union organizers, the right to enter a workplace during work hours to solicit support during an organizing campaign. Now, I'm not going to pass judgment on the potential "compromise" before I actually see its provisions in writing, but frankly, this doesn't sound much better than EFCA.
The Administration remains committed to "reforming" the labor law system. Vice President Biden last week said "we're supportive of it [Employee Free Choice Act], and will continue to support it." The naming of several EFCA-supporters to key positions in the Department of Labor, as well as the nomination of two labor-backed candidates to the National Labor Relations Board (NRLB), also signals that the fight isn't over.