Cross-posted at BryanBarash.com, where I gather my thoughts on politics and technology
I've been thinking a lot lately about the EFCA, as Congress prepares to debate and news stories fly that labor may be willing to make a concession on the highest profile of the issues contained in EFCA, which is Card Check.
For those who don't know, Card Check means that if 50% of employees check a card saying they want a union, the business must recognize that and negotiate with them in good faith. Right now they can organize a union that way, but often companies refuse to recognize the union, which is currently legal.
Continue below the break for my explanation of a possible way forward that protects both workers rights AND the secret ballot.
The current system for organizing a union in a binding manner is what they refer to as the "secret ballot". Miss Laura at DailyKos has a good diary today outlining the reasons "secret ballot" makes it harder for employees who want a union to get it.
So this framing of preserving the "secret ballot" is the main roadblock keeping some on the fence about EFCA. Some news stories are reporting labor organizations may conceed card check altogether in exchange for some of the other EFCA provisions that will help protect them.
So why don't we find a compromise that preserves the "secret ballot" -- The organizing principle behind EFCA opposition -- while preventing the scare tactics and intimidation that often comes along with it.
What if we changed the law to say that if 50% of employees check a card, they're entitled to a secret ballot election -- but a secret ballot election that must be held within a very strict amount of time, perhaps 24 hours. Furthermore, what if we said that if the business didn't agree to hold a secret ballot within the alloted amount of time, then the card check would be sufficient to create the union. And we say that the terms of the election, where it's held, what time, etc. must be agreed upon by the employer AND a representative of the employees.
Then we would have a framework to take away the biggest anti-EFCA talking point -- that it takes away the right to a Democratic secret election -- while keeping intact the intent of card check, which is to limit the employers ability to crack down on organizers.
Please, I would love to hear your thoughts on this. Many of you will know more about EFCA and labor law than I. Is something like this a possible way forward? What are the arguments against it? Could something like that pick up labor support as an acceptable compromise?