Email This to a Friend
‘Employee Free Choice Act’ Designed to Fill Democratic Coffers
Watch out: this problematic union-boosting bill will likely be one of Pelosi-Reid-Obama's top priorities.
With increased Democratic Congressional membership as result of last month’s election, one can expect Speaker of the House Nancy Pelosi and Senate Majority Leader Harry Reid to exert extraordinary efforts to pass legislation liberal Democrats have long hoped to move through both chambers of Congress.
If successful, the legislation will be passed along for the new chief executive’s signature — a president who earned the distinction of being the most liberal senator in a body not wanting for liberal lawmakers.
The combined prospects for mischief by the 44th president and the 111th Congress are worrisome.
Congressional observers have noted, as the Wall Street Journal’s Naftali Bendavid wrote, that “Democratic congressional leaders, eager to trumpet that change has come to Washington, are looking to enact quickly a series of popular bills in January in such areas as renewable energy, children’s health care and embryonic stem-cell research.” Indeed, this will surely come to be. Yet this synopsis does not begin to encompass the mountains of paper that will surely be sent to the Congressional Clerk’s desk.
But one of the items which is eliciting great concern — by businesses, conservatives, and anyone who cherishes core democratic institutions — is the Employee Free Choice Act. Under this measure a union need not afford employees a secret ballot to decide if they want to be represented. Instead, all that is needed is a simple majority of workers to “check cards” — that is, sign a union authorization card in the presence of a union official.
In 2007, the House passed the Employee Free Choice Act, H.R. 800, by a margin of 241-185, but the same bill (S. 1041) failed to invoke cloture in the Senate by a narrow vote of 51-48, nine short of the required 60 supporters. All members who voted in the Senate did so along party lines (with the exception of Republican Arlen Specter and with the Independents Bernie Sanders and Joe Lieberman voting for cloture as well). At the time, however, it did not matter too much. President Bush would surely have vetoed such law, anyway.
Now, the political make up of Washington is different. President-elect Obama and Vice President-elect Joe Biden are strong supporters of this legislation, and both co-sponsored the bill as United States senators. And, just the other day, Obama transition-team spokesman Dan Pfeiffer reaffirmed the president-elect’s support of the Employee Free Choice Act.
Page 1 of 2 Next ->
Daniel Halper, a Massachusetts-based journalist, regularly writes on politics, foreign policy, and the Middle East at Commentary’s blog Contentions.
![]() |
![]() |
Podcasts | PJM Home |





PJM Home


Pajamas Media appreciates your comments that abide by the following guidelines:
1. Avoid profanities or foul language unless it is contained in a necessary quote or is relevant to the comment.
2. Stay on topic.
3. Disagree, but avoid ad hominem attacks.
4. Threats are treated seriously and reported to law enforcement.
5. Spam and advertising are not permitted in the comments area.
The clause regarding "hate speech" has been deleted because readers criticized it as being too loosely defined. We agreed.
These guidelines are very general and cannot cover every possible situation. Please don't assume that Pajamas Media management agrees with or otherwise endorses any particular comment. We reserve the right to filter or delete comments or to deny posting privileges entirely at our discretion. If you feel your comment was filtered inappropriately, please email us at story@pajamasmedia.com.
14 Comments
1. Zev B:In “Hard Left’s Honeymoon with Obama Is Already Over” you write that Obama has broken ties with the far-left and then in this piece you claim that he was, “the most liberal senator in a body not wanting for liberal lawmakers.” What metric are you using to establish left-ness? Considering that Obama backed both FISA and the USA Patriot Act (both of which I think were terrible moves) I am incredulous that he is the most liberal. Sanders is a self described socialist (and member of the DSA) and certainly more liberal.
These silly tags just sully politics, mostly.
Dec 9, 2008 - 6:54 am 2. FPC:Missed in the mandatory arbitration provision is its real purpose: getting dues in the pocket of the union as quickly as possible. The union can readily collect dues only when there is a collective bargaining agreement with a dues deduction provision.
Although card check is a farce substitution for an NLRB election, card check isn’t enough to get what unions want. Under the present rules, when the NLRB certifies a union as bargaining agent, the union will make no money until there is a contract. An employer could bargain to impasse for months, even years, without a contract. When that happens, if the union lacks the clout to get the workers to strike, the employer lacks any compulsion to agree to a contract. Hence, no union dues collected.
Binding arbitration eliminates the threat of impasse negotiations. It essentially guarantees a contract, one that will probably include union dues deduction. In short, the EFCA substitutes compulsion of law for the marketplace operation of collective bargaining.
Dec 9, 2008 - 9:27 am 3. Thinking Person:FINALLY!! I’ve been waiting to see when an article would appear on Pajamas about the card check act! I’m not disappointed either. Thank you Daniel Halper! I’m hoping others reading this who in the past have seen this as a harmless piece of legislation will now truly see it for what it is…a way to have union creep into segments of the economy previously out of reach for the unions. Why? To line the pockets of the union bosses and for no other reason. The unions have power to do only 2 things…collect dues and strike. When the uneducated worker they pretend to “protect” wakes up and realizes this fact, we will all be better off. I’m closely watching how this pans out and who votes in it’s favor. I think we can then directly trace the union money trail back to election coffers. Today, seeing how the Illinois Gov is now under arrest for wanting to trade a Senate seat for a union boss job, we can truly see the seedy underbelly of the union for all it’s worth. It had it’s day and now it’s OVER. Well, unless Obama signs into legislation the card check act and then not only will the big 3 be in the unions clutches, any other segment of society that the union deems worthy of “worker protection” will be held hostage also. If you value a voice in your job now then I would surely be writing reams to your congressman at this time. Pelosi is vehemently pushing for this to get passed because the hounds are at her door wanting payback for their election contributions. If you have a voice, now is the time to use it.
Dec 9, 2008 - 9:59 am 4. njcommuter:Federal labor law is pro-union. It establishes a legal monopoly and requires the employer (the victim of the monopoly) to help maintain it by collecting the union dues and forwarding them to the union.
Dec 9, 2008 - 10:40 am 5. billj:If unions were stronger in the past 20 years, then there would be less jobs moved overseas, less pension plans eliminated or raided by corporations and less real income decreases – all of which have happened. It is amazing how anytime labor wants to increase it’s membership or power or raise the minimum wage, conservatives scream murder and are against anything benefits the American worker. But they have no problem with CEO’s making millions of dollars while driving their companies to the ground. So much for “individual responsibility”!
Dec 9, 2008 - 10:40 am 6. Thinking Person:It appears that the major tenet of Conservatism is whatever benefits the most selected and smalled group is good while anything that benefits the larger society or groups as a whole is bad.
billj….Your point is WRONG I’m afraid. Unions are a major REASON why jobs were moved overseas! Why would an American firm want to put up with the strong-armed tactics and coercion of a union when they can just move their operations overseas? You act as if a union could prevent that from happening! Again, in case you are a union man who hasn’t found out the truth yet, let me be the first to let you in on a little secret your union doesn’t want you to know…..the union has power to do only 2 things…collect YOUR dues and strike. That’s it. Done. They cannot force an employer to stay in the US and do business with union thugs. They cannot force a business to do anything except by walking out and guess what….the business will either close, relocate overseas or go under. Nice to know the unions care so much about those good ole American businesses isn’t it? Democrats tell their constituents that unions are for “worker’s right” for one reason only….political payouts from the unions. Ever wonder where the majority of your union dues go? Political payouts known as PACs (Political Action Committees). Go look in your own union contract and see what percentage of your dues goes towards a PAC. Your union boss is living off of your hard work and hoping that you don’t realize that the uninformed workers are paying him for basically nothing and for the power to enforce other businesses to pay for more of the same.
Dec 9, 2008 - 10:54 am 7. bill:If someone asked me if I would prefer a secret ballot or out-in-the-open voting for a union contract, or for anything else for matter, I would prefer a secret ballot.
What is the rationale for card check? I understand the point of the article, which is that it is a political ploy to increase union membership, but really — how do they explain it to the end user? Why would anyone give up a secret ballot, and how is that “Free Choice”?
I mean, if you wanted to vote for the union, you could still do it on your secret ballot, no one is stopping you. I just don’t see how anyone could suggest this with a straight face.
Dec 9, 2008 - 5:16 pm 8. Wire Dog:Thank goodness we have the Beck Ruling, (CWA vs. Beck 1994?). I have used this ruling every year since 1999, (my first union job). I get back about 20% of my union dues that would go to political contributions. I have to declare myself as a “non-agency fee payer” every year, but it keeps about $175 a year away from the dems. Quite a few of my co-workers have also started doing this.
Dec 9, 2008 - 7:34 pm 9. Stan:Current labor law is very pro-business as the current NLRB decision-makers are Bush appointees. EFCA allows employees to determine for themselves whether or not they want a union at their workplace, without all the threats and warnings from management of dire consequences. When faced with a petition for a “secret ballot” election, companies don’t just say, “okay,” and agree to a date. They begin a campaign to fire the employees who signed union cards, threaten to close the plant, and hold mandatory anti-union meetings at the plant. The EFCA just gives the employees a chance to decide for themselves without fear and intimidation.
Dec 10, 2008 - 9:44 am 10. Thinking Person:Stan….I don’t think you understand what the “free choice act” really is. If you did, how could a PUBLIC vote whether to unionize or not be in an employees favor in any way? If an employee’s vote is PUBLIC knowledge they will either feel pressure from the union thugs to vote in their favor or if they do have some dignity they will vote no and again suffer the union thugs knowing they were voted against. It’s a no-win situation and for you to paint it differently makes me question your motives. I’m going to play along with your logic for a bit now though…If it’s okay to force American workers to vote publicly for their future, why is it not okay to vote for a President publicly? Imagine the strongarmed tactics that would ensue if our one vote for President had to be done in public. Now translate that into being dependent on having a job and having a union boss looking over your shoulder at your vote. Makes no sense. Have you been paying attention to what the unions have done to the auto industry, the steel industry and to public education? Is that what you’re actually wanting MORE of throughout America? The EFCA does the opposite of what you claimed…it will INCREASE fear and intimidation from the union unless that’s what you’re in favor of????
Dec 10, 2008 - 12:10 pm 11. Confused in Virginia:I wholeheartedly agree that unions are the reason that jobs are going overseas, and that most union employees could not tell you what their union does with the dues they collect.
I also agree that if the majority of workers in a company want to unionize, they could do it quite easily, so the purpose of denying a secret vote is to intimidate employees into going along.
At one time I had a job in an “union shop” and had to pay dues in order to keep my job. That is when I learned that unions not only use most of the dues for political purposes, but that they glorify mediocracy. I was told that I should only do the minimum required for my job, so they could justify hiring more people. All unions do is discourage people from being as productive as they can be, to get more people hired, so they can collect more dues.
Then people wonder why this country is in such bad shape.
Dec 10, 2008 - 11:48 pm 12. Thinking Person:Confused in Virginia….I agree with you wholeheartedly and wonder how people like Stan come to the conclusions they do. I am truly baffled unless Stan himself is a union steward (boss, thug, etc, etc). There is no other reason to think the free choice act is beneficial to American workers. Pelosi and Obama are only pushing it through because they owe HUGE favors to the union bosses for all of that PAC money being funneled into their campaigns.
Dec 11, 2008 - 6:15 am 13. Thinking Person:Just have to comment today on the automaker bailout being nipped in the bud. As I write this I’m awaiting the UAW news conference on the matter. Wonder if they’ll want to start stepping up to the plate and helping out the ships they’ve been barnacles on for so many years? Nice how they waiting until after the bailout failed to offer something up. So telling.
Dec 12, 2008 - 7:20 am 14. Cybergeezer:This article points out the blatant efforts of the Democrats to indemnify itself and ensnare the laborers with pay to work (or “Pay to Play”) employment. Any union member knows unions take their money and use it for PAC’s which promote union growth and dominance. Unions have caused the downfall of many large companies and organizations; Eastern Airlines; National Airlines; U.S. Air Traffic Controllers for just a few. A bailout for Detroit auto makers would give the unions greater power throughout the U.S. The Detroit automakers can’t be competitive unless they can get loose from the unions stranglehold. If Detroit has a good business model, it can survive and come back into the market a more lean, mean, manufacturing machine, that can be competitive the world over.
Dec 12, 2008 - 8:20 am