GOVERNMENT AFFAIRS

11-04-09

Tuesday's Biggest Loser: the Union Agenda
The GOP victories reveal fissures in the coalition that elected Barack Obama.

Read Michael Barone's article in the Wall Street Journal here .

9-16-09

Below is an update from ABC National Lobbyist,  Kristen A. Swearingen

Many of you may have heard/read some of the recent articles and chatter regarding a so-called EFCA “deal” Specter (D-PA) and several other Senators have put together on EFCA and I wanted to take a moment to bring you up to speed on what we are hearing.

This news has stemmed from Specter’s remarks (pasted below) before the AFL-CIO convention, where he claimed there would be a vote on EFCA before the end of the year. It seems that this could have simply been Specter throwing out some “red meat” issue to gain favor at the AFL-CIO convention.

The morning paper said that I joined the Republican filibuster against employee’s choice, the fact is exactly the opposite, I was the only Republican to vote against the filibuster to take up employee’s free choice.

And in a lengthy floor statement I said that it was long past due for labor law reform, that the NLRB had been badly politicized, there was a need to equalize the playing field… level the playing field….

President Trumka was quoted in the New York Times setting three standards, that employers ought not delay union certification, there ought to tough penalties for employers who intimidate  workers, necessary to have binding arbitration since about half of the contracts are not fulfilled

I see president John Sweeney on the dais now, John can give you some of the details, with leaders from the AFL-CIO, Tom Harkin, Chuck Schumer and half a dozen Senators, we have pounded out an employee’s choice bill that will meet labor’s objectives, that is prompt certification and binding arbitration – and give you the kind of support that you need and are entitled to.

I believe that before the year is up I will join my colleague Sen. Bob Casey in predicting passage of an employee choice act that will be totally satisfactory to labor…..”

Senate Majority Leader Reid has said Health Care is the Senate’s first priority then Cap and Trade. Senator Harkin reiterated Tuesday that EFCA will likely remain stalled at least until the seat left vacant by the death of Sen. Edward Kennedy, D-Mass., is filled. Even the AFL-CIO President, Richard Trumka, stated immediately following Specter’s speech that there was no deal.

It is not news that Specter and several other Senators have been working on a deal. ABC has been following this closely. A story by the Washington Post has indicated that the main points that Specter and the other Senators have been working are:

Union organizing – no automatic certification based on cards, but quick “snap” elections after a petition is filed, perhaps as few as 5-10 days

Union access – union access to the workplace, at a minimum to respond to employer “captive audience” speeches, perhaps more

Interest arbitration – like EFCA, but “baseball” style final offer arbitration would be used

Increased penalties for employers

Below is a recent article from the Congress Daily.  We are of course keeping a close eye on any form of EFCA and will let you know if anything more develops.

Senators Say Deal On Card-Check Measure Not Yet Final

Wednesday, Sept. 16, 2009

After a key legislator described a pending compromise on card-check legislation Tuesday, backers scrambled to tamp down speculation that a deal on the labor reform bill has been finalized.

Sen. Arlen Specter , D-Pa., told a friendly audience at the AFL-CIO convention in Pittsburgh that Senate negotiators have "pounded out" a revamped version of the Employee Free Choice Act that will be palatable to labor unions.

But the new leader of the influential union quickly underscored that no deal has been reached, and the bill's lead Senate supporter said the details of any potential compromise are not ready to be released.

"There is no final deal in place," said incoming AFL-CIO President Richard Trumka. "We are going to keep fighting for labor law reform that will allow workers to join a union free from intimidation and harassment."

Senate Health, Education, Labor and Pensions Chairman Tom Harkin , an outspoken proponent of the union-backed bill, declined to discuss the details of a potential compromise.

"I've not discussed it publicly because it's not quite ready [for me to] do so yet," Harkin said, adding that much work has been done to hammer out compromise language that both skittish Democrats and union leaders can swallow.

Specter's office emphasized late Tuesday that no formal legislative language has been completed, saying that the senator, who abruptly jumped from the Republican Party to Democratic ranks earlier this year, was simply expressing optimism that a deal may be reached.

"There's no deal, so [there's] no language to share," said a spokeswoman.

Senate negotiators have not met to discuss the legislation since July.

At issue are provisions that would allow unions to hold elections by having workers sign cards instead of requiring secret ballots, as well as legislative language that could mandate government arbitration in disputes between labor groups and businesses.

Although hopes for action before Christmas on the union-backed measure appear dim, Specter told the AFL-CIO convention he believes passage is possible by then.

Harkin pointed out Tuesday that the bill will likely remain stalled at least until the seat left vacant by the death of Sen. Edward Kennedy , D-Mass., is filled.

"I've got to make sure that we have the votes for it," said Harkin, who recently assumed Kennedy's post as HELP chairman. "Right now, we're missing a vote."

by Carrie Dann and Kasie Hunt

http://www.nationaljournal.com/congressdaily/cda_20090916_3699.php ?

 

Specter’s Indecision
8-21-09

The Hill reported last week that Senator Arlen Specter (D-PA) has gone on record stating that he will indeed vote for cloture on the Employee Free Choice Act (EFCA).  This was surprising to many due to the fact that Senator Specter pledged, during his announcement that he was switching from the Republican to Democrat party, that he would not vote for any version of the EFCA that included the “card check” or mandatory binding arbitration clause. 

Senator Specter is working on a compromise bill, which the final draft has not been released, but there is discussion that the binding arbitration clause is still likely included in the text of the bill.  Why did Senator Specter renege on his pledge not to support such a bill?  It likely powerful and organized Big Labor and other special interest groups were louder and more active in communicating with Senator Specter on this matter than were members of the anti-EFCA coalition.

The fight over the EFCA is nowhere near over and we at ABC have to continue to lead the charge to fight this legislation.  Whether it is contacting your Senator or giving money to ABC’s Free Enterprise Alliance it is crucial that you get involved, visit www.abc.org/cardcheck .

To watch FEA’s new ad and to keep up with all current EFCA news, visit ABC’s website, www.thetruthaboutefca.com , which is updated daily.

ABC’s Free Enterprise Alliance Continues to Educate the Public
8-6-09

 

ABC’s Free Enterprise Alliance (FEA) is running ads across the country reminding voters of the damaging effects that the Employee Free Choice Act (EFCA) will have on our country.  With the August recess in progress it is important for ABC members to remind their representatives that the EFCA is still at the top of their priority list.

According to research by Dr. Anne Layne-Farrar , the bill’s card check provision and binding arbitration language could lead to a reduction in employment starting at a staggering 600,000 jobs in the first year alone.  Unemployment has continued to rise in recent months, and our country cannot afford passage of the EFCA. 

Please remember to watch for ABC’s grassroots action alerts and send messages to your representatives to let them know where you stand on the EFCA, healthcare reform, and the many other issues that are being discussed in Congress. 

To watch the ad and to keep up with all current EFCA news, visit ABC’s website, www.thetruthaboutefca.com , which is updated daily.

More Talks of Compromise
7-22-09

Last week the New York Times published an article detailing a possible proposed compromise on the Employee Free Choice Act (EFCA). The “big news” of the developments the Times included was the supposed drop of the “card-check” provision of the EFCA (where if a majority of employees simply sign a card the targeted business is automatically organized).

The death of the “card check” section of the EFCA is largely overstated, and Big Labor is not giving up on their favorite section of this job killing bill. SEIU President states, "As we have said from day one, majority signup is the best way for workers to have the right to choose a voice at their workplace. The Employee Free Choice Act is going through the usual legislative process, and we expect a vote on a majority signup provision in the final bill or by amendment in both houses of Congress."  Both ABC and Big Labor know that once this bill is introduced, the “card check” provision, even if not in the original bill, can be included in an amendment, as Stern so aptly alludes to. 

The other new provisions in the compromise plan include premises access, quickie elections, and possibly restrictions on employer speech at the workplace during a campaign. All of these “compromised” provisions will be harmful to ABC members. 

With these additions to the bill and the fact that “card check” is not dead, ABC will continue to educate members of Congress that there is no such thing as an acceptable compromise on the EFCA. ABC members need to continue to stay informed and get involved with the Free Enterprise Alliance, which continues to advocate on members behalf to help elect pro merit-shop members of Congress. 

To keep up with all current EFCA news, visit ABC’s website, www.thetruthaboutefca.com , which is updated daily.
 

7-22-09
Last week the New York Times published an article detailing a possible proposed compromise on the Employee Free Choice Act (EFCA). The “big news” of the developments the Times included was the supposed drop of the “card-check” provision of the EFCA (where if a majority of employees simply sign a card the targeted business is automatically organized).The death of the “card check” section of the EFCA is largely overstated, and Big Labor is not giving up on their favorite section of this job killing bill. SEIU President states, "As we have said from day one, majority signup is the best way for workers to have the right to choose a voice at their workplace. The Employee Free Choice Act is going through the usual legislative process, and we expect a vote on a majority signup provision in the final bill or by amendment in both houses of Congress."  Both ABC and Big Labor know that once this bill is introduced, the “card check” provision, even if not in the original bill, can be included in an amendment, as Stern so aptly alludes to.  The other new provisions in the compromise plan include premises access, quickie elections, and possibly restrictions on employer speech at the workplace during a campaign. All of these “compromised” provisions will be harmful to ABC members.  With these additions to the bill and the fact that “card check” is not dead, ABC will continue to educate members of Congress that there is no such thing as an acceptable compromise on the EFCA. ABC members need to continue to stay informed and get involved with the Free Enterprise Alliance, which continues to advocate on members behalf to help elect pro merit-shop members of Congress. 

A Comedian Makes 60
July 9, 2009

This past Tuesday, comedian Al Franken was sworn in as the Junior Senator from Minnesota. The addition of Franken to the Senate means Majority Leader Harry Reid (D-NV) and his Democrat Majority have reached the magic number, 60. Under the Senate’s rules, a 60 vote supermajority is needed to end a filibuster and allow a bill to advance to a simple majority vote for passage. With 60 votes the majority party is able to keep a stranglehold on the legislative agenda if they are able to keep their members in party line. What does this mean for the Employee Free Choice Act (EFCA) and other legislation that could be harmful to the free enterprise system?  

Franken has always been an outspoken supporter of Big Labor and EFCA, and with his victory Big Labor is one vote closer to passing this deceptively named bill. There are, however, many moderate Democrats in the Senate that have realized the harmful effects of EFCA, and have publicly stated that they will not support it. Even with the induction of a professional jokester into the U.S.’s most exclusive club, Big Labor still does not have the votes it needs to pass EFCA. ABC needs the help of its members to make sure it stays that way.   

ABC members must continue to educate their U.S. Senators and U.S. Representatives on the harmful effects that EFCA would have on the American employer and employee. Be sure to visit ABC’s website, www.abc.org/cardcheck , for resources. Members also need to get involved in ABC’s Free Enterprise Alliance (FEA) which has spent millions of dollars fighting EFCA. Your support is needed to ensure that FEA can continue to be a leading voice in this fight. Visit www.abc.org/FEA to learn about and contribute to FEA. 

To keep up with all current EFCA news, visit ABC’s website, www.thetruthaboutefca.com , which is updated daily.

Union Officials Try to Change the Conversation
June 29, 2009

Last week, while hundreds of ABC members descended upon Capital Hill in Washington, D.C. to talk to their Congressman and Senators about important issues facing the construction industry, not least among them the Employee Free Choice Act, ABC noticed an ad on the heavily trafficked news site, www.drudgereport.com , that accuses “greedy corporate CEO’s of being two-faced when it comes to arbitration.”  This ad is Big Labor’s latest attempt to change the conversation in the debate over the EFCA.  Almost all Americans agree that the secret ballot is something that must be protected so Big Labor is now turning its attention to the binding arbitration clause of the EFCA.  They are espousing that this section of the EFCA is critical to getting workers fair contracts. Since the conversation is changing it is important that ABC members understand the binding arbitration section of the EFCA. Here are a couple points to keep in mind. 

• The EFCA would require that both parties start negotiating within 10 days of employee organization, if the two sides cannot come to an agreement within 90 days either side can request the Federal Mediation and Conciliation Service to begin supervising the negotiations.  If, within 30 days after the FMCS is involved there is still no contract, a federally appointed arbitrator will then hand down a contract that is in place for a period of 2 years.
• This scenario would effectively put an unaccountable government arbitrator with little experience on how your business works in charge of how your business is going to run for the next 2 years.  They would decide wages, benefits, and if a firm could relocate or merge with another company. 
• Binding arbitration will take away the rights of workers who will not have a say in their contract.  Rules are set in place now where if either side is not happy with a contract, workers have the right to strike, and owners have the right to lock workers out.  Both of these situations are bad for the business and bad for the employee, this compels both sides to bargain in good faith and guarantees that neither side is stuck with a contract that does not work for them.  The binding arbitration clause of the EFCA will take away these rights.

 

These are just a few of reasons why the binding arbitration clause of the EFCA would be detrimental for ABC companies.  If Big Labor wants to change the conversation and begin discussing the virtues of binding arbitration, it is the responsibility of ABC members to become knowledgeable on all parts of the misnamed EFCA. 

To keep up with all current EFCA news visit ABC’s www.thetruthaboutefca.com .  

Please continue to contact Senator Feinstein by email (link below) or at one of her district offices to let her know exactly how EFCA will impact your business.  She wants to hear from us.

http://feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe

San Francisco
One Post Street, Suite 2450
San Francisco, CA 94104
Phone: (415) 393-0707
Fax: (415) 393-0710

The following counties are served by the San Francisco office: Alameda, Butte, Colusa, Contra Costa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Marin, Mendocino, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Yolo, Yuba.


Fresno
District Director – Shelly Abajian
2500 Tulare Street, Suite 4290
Fresno, CA 93721
Phone: (559) 485-7430
Fax: (559) 485-9689

 

So That’s Why They Want to Take Away Worker’s Rights.   
June 15, 2009

Elections cost money and organized labor spent big money in the 2008 election cycle. The reason they spent close to $1 billion this past election cycle was to ensure the passage of their number one legislative priority, the Employee Free Choice Act (EFCA). Organized labor’s campaign coffers are filled by the required dues paid by their hard working members; members, who may or may not agree with the political causes that their money is funding. 

Union bosses know that more members, equals more dues, which turns into more political capital and power for Union leaders. This week the Workforce Fairness Institute released a study highlighting just how much more money the unions will be able to reign in once the EFCA is passed for political activities. The head of the SEIU estimates, during the first ten years after the passage of the EFCA unions will gain 1.5 million more dues paying members per year. That would amount to $1.7 billion in political spending in that same time period, according to calculations by the Workforce Fairness Institute. 

It is easy to see why the heads of the most powerful unions in the country are so desperate to pass the EFCA. It comes down to power. Union bosses want more of it and they are willing to take away the rights of the American worker to get it.

 

To stay up to date on the all the latest EFCA news please visit ABC’s website www.thetruthaboutefca.com . 

 

June 1, 2009 Update

EFCA-Lite, Different Legislation, Same Bad Taste. 

Thanks to the thousands of letters, phone calls, and emails from ABC members and the business community it appears that members of Congress are reaching the conclusion that the Employee Free Choice Act is something they cannot support. However, now the rumblings of “compromise legislation” are beginning to be heard around D.C. Members of Congress, in an effort to attempt to appease both Big Labor and the business community have started shopping around legislation that they think may be more palatable to the general public. However, Diet-EFCA or EFCA-Lite has the same bad taste as the original. 

In an effort to keep ABC members “in the know” here are some items that may be included in the “new” EFCA. 

• Mail in Ballots- To appeal to those members of Congress who are concerned, as they should be, that the EFCA would take away the American right to a secret ballot election, the new proposal replaces the “card check” process with mail in ballots. Mail in ballots are now used for union organizing election under very special circumstances, and administration officials have publicly questioned their credibility. It is not a stretch to conclude that the mail in ballots would open employees to the same intimidation and coercion as the “card check” process. 
• “Last Best Offer” Arbitration-This would replace the binding arbitration section of the original EFCA would be the “last best offer.” This does not change the original intent of the binding arbitration cause in the original EFCA, which is government coming in and handing down labor contracts to independent private businesses.  
• 50 employees or less-This provision would include all companies with 50 or less employees from the new Diet-EFCA. This still however includes companies with 50-250 employees, which make up the largest employer block in our Country. 

 

ABC believes that there is no compromise on any of the components of EFCA and we will continue to work on behalf of ABC members and the Meritshop philosophy to protect your right to do business in the U.S.

 

To stay up to date on the all the latest EFCA news please visit ABC’s website www.thetruthaboutefca.com . 

 

May 19, 2009 Update
 

Are Business Owners Informed About the Employee Free Choice Act?

If there is one piece of legislation, within the last decade that business owners and employees need to be aware of, it is without a doubt, the deceptively named Employee Free Choice Act (sometimes referred to as “Card Check” or EFCA).  However, with all the press and attention that the EFCA has received this year, recent studies show that business owners are still not aware of this legislation and the devastating effects it would have on employers and employees. 

A recent poll, commissioned by the Independent Women’s Forum and Conducted by Lombardo Consulting Group, found that small business owners and decision makers are largely unfamiliar with the EFCA.  Fewer than 1 in 5 (18%) small business owners say they “definitely” read, saw, or heard something, and only 23% indicate they “might” have read, seen, or heard something about the Employee Free Choice Act.  Once the major parts of the bill are explained respondents are, not surprisingly, overwhelmingly not in favor of the bill. 

What does this mean to ABC members?  ABC members must continue to talk about the EFCA at all ABC events and within your personal interaction with other members and even non-members.  Visit ABC’s website www.thetruthaboutEFCA.com to educate yourself on the issue or just to stay up-to-date on all the latest news.  ABC needs all 25,000 member companies informed and active in order to beat back Big Labor’s number one legislative priority.

 

May 4, 2009 Update

Another Twist in the “Card Check” Saga

Last week Arlen Specter, Pennsylvania’s senior senator, switched from the Republican to Democrat Party.  The always moderate Republican Specter decided, with advice from his pollster, that he had a better opportunity for reelection in 2010 if he moved to the Democrat Party.  That may be true, as he was facing an opponent in the Republican Primary, Pat Toomey, who was just a couple points away from unseating him in 2004. 

What does the Specter switch mean to Big Labor and their push towards the 60 votes they need for the Employee Free Choice Act (EFCA) to move through the Senate?  Specter, in the statement following the announcement of the party switch, explicitly stated that this move would not affect his position on the EFCA.  He reiterated this yesterday in an interview with David Gregory on NBC’s Meet the Press. 

At this time Arlen Specter’s, now (D-PA), name will be added to the growing list of Democrats that oppose the EFCA. 

ABC members must stay involved to ensure the EFCA does not pass.  Visit the Free Enterprise Alliance’s website www.thetruthaboutEFCA.com for all the latest news and information on the EFCA. 

 

April 15, 2009 Update

Proponents of the Employee Free Choice Act (EFCA), also known as Card Check, have been dealt some serious blows in the past month, but the fight is nowhere close to being over.  With the Democrats holding 58 seats in the U.S. Senate (59 if the Minnesota Supreme Court upholds the three judge panel’s decision to certify the Minnesota Senate election for comedian Al Franken) big labor and their allies in the U.S. Senate are as close as they have ever been to the 60 votes they need to invoke cloture on Card Check.  (Cloture is the 60 votes needed in the U.S. Senate, known as a super majority, to end a filibuster and allow the bill to advance to a simple majority vote for passage) 

ABC, through the Free Enterprise Alliance, is currently engaged in an intense campaign to educate both the public and members Congress on the dangers of passing this job killing legislation.  In late March Senator Arlen Specter (R-PA), the only Republican to vote for cloture in 2007, publicly stated that he will not vote for cloture in 2009.

Senator Specter’s announcement was followed a couple weeks later by another Democrat Senator announcing her opposition to Card Check.  Senator Blanche Lincoln of Arkansas stated that she could not support Card Check in this economic environment.  She began to see the light of day on Card Check only after ABC members and ABC staff tirelessly educated her on the economic impact that Card Check would have on our already wounded economy.

While the latest news has been encouraging, ABC knows that EFCA is anything but dead.  The Unions have too much money invested in the candidates they helped elect to let this issue die.  We continue to fight EFCA, knowing that there will be deals made to try and make EFCA more palatable to some of the swing votes (Lincoln and Specter). 

Keep the pressure on your Senators!  Tell them to vote against cloture on the Employee Free Choice Act and that there is NO acceptable compromise when it comes to EFCA.

Visit ABC’s Free Enterprise Alliance website www.thetruthaboutefca.com to stay up to date with all the current news about EFCA.

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The fight over the Employee Free Choice Act is hardly over, in fact it has just begun!

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Associated Builders and Contractors (ABC) launched a new website, TheTruthAboutEFCA.com , to help educate the public about the sweeping economic and workplace consequences of the Employee Free Choice Act (EFCA), or “card check” legislation. TheTruthAboutEFCA.com will track the latest news from the mainstream media and social networking sites, highlight academic studies and public opinion data, and contain video ads and interviews to expose EFCA's threat to the U.S. economy and an employee's right to a federally supervised private-ballot during union organizing activities.

 
“If the Employee Free Choice Act is signed into law, recent studies show that it will have a devastating impact on the U.S. economy and most likely result in the loss of jobs in the commercial and industrial construction industry,” said Jerry Gorski, 2009 ABC National Chairman and President of Gorski Engineering, Inc., Collegeville, Pa. “This new website is an important tool in keeping the public informed and getting them involved in the political process so they can voice their opposition to this legislation.”

TheTruthAboutEFCA.com is part of a multi-faceted new media campaign slated to help shed light on the “card check” issue and expose some of the misinformation being spread by EFCA supporters. Besides tracking the latest news on EFCA, the website contains a blog with contributions from ABC staff and special guests. The website is sponsored by the Free Enterprise Alliance, the issue advocacy arm of Associated Builders and Contractors.

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EFCA Resources

www.abc.org/cardcheck  

ABC’s own website provides a number of educational materials regarding EFCA.

Take Action: Communicate with Representatives in Congress

• Link to letter to send to Congress
• Link to sign-up for ABC’s Legislative Action Alerts
• Link to contact information for members of Congress
• Sample call script

 

Basic Educational Resources in English and Spanish

• One-page handout
• Talking points
• Claim vs. facts
• What is Card Check

www.myprivateballot.com  

ABC is a founding member and major contributor of the 575 member-strong organization, the Coalition for a Democratic Workplace (CDW).

Campaign against EFCA

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Online Petition

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