Error: Unable to create directory /home/demockra/public_html/wp-content/uploads/2010/09. Is its parent directory writable by the server? A Free Choice? Making the Case for American Workers

Over the past week, there has been substantial media coverage of the public rancor over A.I.G. bonuses, the Obama administration’s ballooning deficit spending, and Timothy Geithner’s plan to buy up toxic debt. And while Washington’s economic policies certainly deserve to be on everyone’s minds, there is another issue that could affect millions of workers that is getting far less play in the news but definitely a lot of heated debate among union leaders, corporations, and Congress—“card-check” voting.

Its official name is the Employee Free Choice Act and it would amend the National Labor Act of 1935 to essentially make union organization much easier for workers. The legislation would allow workers to form a union if a majority signs pro-union cards and would forgo the current practice of secret ballot elections. Other provisions would impose binding arbitration when employers and unions fail to reach a contract after 120 days and would substantially increase fines on employers who jeopardize union activities.

Proponents of the plan are many Democrats and large unions (including AFL-CIO and SEIU) who say that the current restrictions for unions put their members’ rights at a disadvantage. Many advocates for the change in the law, such as the union coalition Change to Win, say that private voting encourages intimidation and coercion of companies’ employees who wish to unionize. The act would also encourage a speedier and more thorough process in contract disputes and would triple the damages imposed against companies who do not adhere to union standards.

There are many opponents of this measure—both corporate and political—who view this legislation as an ends-to-justify the means type of regulation. The Chamber of Commerce has been very outspoken in its disapproval of the Act and notes that it could disenfranchise both parties (employers and workers) in the long run.  Under the proposed new rules, union organizers would be under no obligation to notify their employers that they are going to launch a union drive.  In addition, the “card check” policy would abolish secret-ballot elections even if many workers wish to have them. Also, in the instance that the companies and the newly formed unions fail to reach an agreement within a limited time frame, a federal government arbitrator must step in to mediate the contract so that a deal is reached—even if the outcome is not ideal for either party.

On Tuesday, Arlen Specter (R-Pennsylvania) said he would oppose the union “card-check” measure and, without his support, the legislation would likely fail in the Senate. Noting that he may very well be the “deciding vote,” Specter, who was the only Republican to vote for cloture in the previous Congress, says he is against the Act because it “will result in further job losses.” Wal-Mart, Starbucks, Costco, and several other large corporations agree. (It should be noted that Specter faces a stiff primary challenge from his right flank in 2010.) Whole Foods CEO John Mackey told the Washington Post on Sunday that the binding arbitration clause is “not the way we normally do things in the United States” and that allowing workers to organize without a secret ballot “violates a bedrock principle of American democracy.”

While corporations certainly are justified to feel threatened by this Act, ultimately, the workers are the ones who should receive some long overdue benefits. While Specter may consider the legislation a possible hindrance to labor and Mackey even deems it un-American, the rebuttal should be what is more beneficial to the labor movement than empowering workers and what is more American than appealing to the government for the rights of its citizens? According to Change to Win, low-wage workers only earn 83 cents on the dollar of what they were earning 35 years ago. What’s more is that Pennsylvania State University’s Poverty in America Project concludes that “in 2003, almost 25% of the nation’s counties had low per-capita incomes below one half the national average or less, high unemployment, low labor force participation rates, and a high dependency on government transfer payments-all measures of economic distress.” Most of these counties are located in areas with a relatively low levels of union penetration, such as the Deep South.

According to MSNBC, the vote on the EFCA might get pushed back to 2011 and  the Obama administration will be “quietly” happy since they support it but don’t really have the energy to fight for it at the moment. However, if this bill does come to vote and fails in the Senate, then compromised legislation will undoubtedly be pushed through that could do more harm than good for both employers and employees. To avoid that from happening, corporations worried about the Employee Free Choice Act should reach out to their employees and hold forums where both parties can speak their minds and try to understand each other’s positions. One of the reasons this issue has become a Congressional matter is because many large companies have at times failed to look out for the interests of their workers and put fiscal profits ahead of human capital. If these large corporations truly want to temper these regulations, then they must have an open dialogue with their employees and offer some solutions such as health care, transportation vouchers, child care benefits, higher wages, organizational tranparency, and more employee input into the decision-making processes of the organization. The only way to curb workers’ desire to unionize is to provide similar financial and non-financial benefits under a corporate business model. And, with low-wage workers who are unionized ultimately earning an average of 44% more than their non-union counterparts, even in these hard economic times it going to be a hard bargain to sell non-represented workers anything short of that improvement.