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6 What's Wrong with the Employee Free Choice Act?
6 What’s Wrong with the Employee Free Choice Act? Richard A. Epstein he first one hundred days of the Obama administration have been marked by its determination to pass the revolu- T tionary Employee Free Choice Act (EFCA), which was introduced in Congress on March 10, 2009. As of this writing, it looks as though the bill will not pass this year, given the unanimous Republican opposition to it in the Senate. But the issue is likely to be revived again during the Obama presidency, as it has been before, so it is important to examine its provisions because it raises important issues of principle. In addition, it has gathered an impressive level of political and intellectual support. In particular, the EFCA has received the endorsement of the Democratic National Convention Platform Committee of prominent economists, under the aegis of the Economic Policy Institute, and of President Obama and Vice President Biden. In a recent congressional hearing before the 110th Congress on February 8, the EFCA was defended as the means to return to the management-labor balance under the National Labor Relations Act of 1935 (the NLRA, in its original form is commonly referred to as the Wagner Act), said to be the surest way to revive the fortunes of a shrinking middle class. The reality, however, is otherwise. The EFCA would hamper the efficiency of labor markets in ways that make the road to economic 89 90 REACTING TO THE SPENDING SPREE recovery far steeper than necessary. Generally, it will severely hurt the very persons whom it intends to help. -
Senate Democrats Progress on EFCA Compromise by Jay P
Senate Democrats Progress on EFCA Compromise by Jay P. Krupin and Steven Swirsky July 2009 The past several days have brought potentially significant developments with respect to Senate Democrats’ efforts to enact labor law reform and bring the Employee Free Choice Act to a vote on the Senate floor. Reports have circulated that a consensus has begun to emerge among Senate Democrats for a bill that would remove EFCA’s controversial provisions eliminating secret ballot elections where a union has obtained signatures from more than 50 percent of the employees in the proposed bargaining unit, and instead would provide for significantly faster NLRB-conducted elections, within five to ten days of the filing of a representation petition. The bill would also provide for greater access to employees and to employer property during the campaign period. Presently, NLRB-conducted elections are typically held an average of 45 days after the union files a petition. Along with faster elections, the reported compromise would include increased access by unions to employer premises to campaign among employees, as well as increased restrictions on employer campaign rights. EFCA’s other most controversial component, compulsory binding arbitration of the economic and other terms of initial collective bargaining agreements where the parties do not quickly reach agreement, is reported to remain a part of the compromise bill. While the Democrats reached 60 votes in the Senate when Arlen Specter of Pennsylvania switched his party affiliation from Republican to Democrat and Al Franken was finally declared the victor over Norm Coleman in Minnesota, the fact is that there remain a substantial block of Democratic senators who have expressed doubt about EFCA’s card check language and who have indicated that they are not prepared to support a bill that would eliminate secret ballot elections. -
Research Report: Nebraska Pilot Test
6.1 Nebraska pilot test Effective Designs for the Administration of Federal Elections Section 6: Research report: Nebraska pilot test June 2007 U.S. Election Assistance Commission 6.2 Nebraska pilot test Nebraska pilot test overview Preparing for an election can be a challenging, complicated process for election offi cials. Production cycles are organized around state-mandated deadlines that often leave narrow windows for successful content development, certifi cation, translations, and election design activities. By keeping election schedules tightly controlled and making uniform voting technology decisions for local jurisdictions, States aspire to error-free elections. Unfortunately, current practices rarely include time or consideration for user-centered design development to address the basic usability needs of voters. As a part of this research effort, a pilot study was conducted using professionally designed voter information materials and optical scan ballots in two Nebraska counties on Election Day, November 7, 2006. A research contractor partnered with Nebraska’s Secretary of State’s Offi ce and their vendor, Elections Systems and Software (ES&S), to prepare redesigned materials for Colfax County and Cedar County (Lancaster County, originally included, opted out of participation). The goal was to gauge overall design success with voters and collaborate with experienced professionals within an actual production cycle with all its variables, time lines, and participants. This case study reports the results of voter feedback on election materials, observations, and interviews from Election Day, and insights from a three-way attempt to utilize best practice design conventions. Data gathered in this study informs the fi nal optical scan ballot and voter information specifi cations in sections 2 and 3 of the best practices documentation. -
May 16, 2008 Primary Election
PR 2008 Official Report Hall County Primary Election Presidential (May 16, 2008) Republican Ticket President of the United States (vote for 1) John McCain 3769 Ron Paul 485 WRITE-IN 101 Total 4355 U.S. Senator (vote for 1) Mike Johanns 3435 Pat Flynn 1025 WRITE-IN 17 Total 4477 U.S. Representative Dist. 3 (vote for 1) Adrian Smith 3612 Jeremiah Ellison 768 WRITE-IN 9 Total 4389 Hall County Public Defender (vote for 1) Gerard Piccolo 3615 (WRITE-IN) 29 Total 3644 Hall County Supervisor Dist. 2 (vote for 1) Jim Eriksen 345 Daniel Purdy 433 WRITE-IN 2 Total 780 Hall County Supervisor Dist. 4 (vote for 1) Pamela E. Lancaster 421 WRITE-IN 10 Total 431 Hall County Supervisor Dist. 6 1 of 6 PR 2008 (vote for 1) Robert M. Humiston, Jr. 165 Gary Quandt 189 WRITE-IN Total 354 Democratic Ticket President of the United States (vote for 1) Hillary Clinton 1558 Mike Gravel 130 Barack Obama 1075 WRITE-IN 34 Total 2797 U.S. Senator (vote for 1) Larry Marvin 49 Scott Kleeb 2245 James Bryan Wilson 44 Tony Raimondo 516 WRITE-IN 5 Total 2859 U.S. Representative Dist. 3 (vote for 1) Jay Stoddard 2043 Paul A. Spatz 565 WRITE-IN 5 Total 2613 Hall County Public Defender (vote for 1) (no declared candidate) (WRITE-IN) 132 Total 132 Hall County Supervisor Dist. 2 (vote for 1) (no declared candidate) WRITE-IN 18 Total 18 Hall County Supervisor Dist. 4 (vote for 1) (no declared candidate) 2 of 6 PR 2008 WRITE-IN 10 Total 10 Hall County Supervisor Dist. -
The Employee Free Choice Act: the Biggest Change in Labor Law in 60 Years by Robert Quinn and John Leschak
LABOR LAW REGIONAL LABOR REVIEW, Fall 2009 The Employee Free Choice Act: The Biggest Change in Labor Law in 60 Years by Robert Quinn and John Leschak One of the most contentious proposals of the 2008 Presidential campaign and of the current Congressional season in Washington is the Employee Free Choice Act (EFCA). Supported by President Obama and opposed by Senator John McCain and most other Republicans, EFCA would be the most significant change to federal labor law in over sixty years. First, EFCA would allow the National Labor Relations Board (“NLRB”) to certify a union without an election if a majority of workers voluntarily sign cards authorizing a union to represent them (this provision is also known as “card check”). Second, EFCA would impose new penalties on employers who violate workers’ rights during initial organizing campaigns. And third, EFCA would permit bargaining disputes between an employer and union to be decided by arbitration during first-time contract negotiations. However, several powerful groups are opposed to any change. The U.S. Chamber of Commerce has launched a vociferous campaign against EFCA’s “Card Check” provision, which they claim will lead to intimidation and coercion in the workplace.1 Congressional Republicans have also been outspoken opponents of card check. Last February, Republican Senators Jim DeMint (S.C.) and Mike Enzi (Wyo.) introduced the Secret Ballot Protection Act, S. 478. This bill would make it illegal for an employer to voluntarily recognize a union through card check and would require NLRB elections. While many are opposed to EFCA, it cannot be denied that reform is needed. -
Nomination Hearing for Deputy Secretary of Labor and Members of the National Labor Relations Board
S. HRG. 115–374 NOMINATION HEARING FOR DEPUTY SECRETARY OF LABOR AND MEMBERS OF THE NATIONAL LABOR RELATIONS BOARD HEARING OF THE COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS UNITED STATES SENATE ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION ON NOMINATION FOR DEPUTY SECRETARY OF LABOR AND MEMBERS OF THE NATIONAL LABOR RELATIONS BOARD JULY 13, 2017 Printed for the use of the Committee on Health, Education, Labor, and Pensions ( Available via the World Wide Web: http://www.govinfo.gov U.S. GOVERNMENT PUBLISHING OFFICE 26–334 PDF WASHINGTON : 2018 VerDate Nov 24 2008 13:04 Nov 19, 2018 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\DOCS\26334.TXT CAROL HELPN-004 with DISTILLER COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS LAMAR ALEXANDER, Tennessee, Chairman MICHAEL B. ENZI, Wyoming PATTY MURRAY, Washington RICHARD BURR, North Carolina BERNARD SANDERS (I), Vermont JOHNNY ISAKSON, Georgia ROBERT P. CASEY, JR., Pennsylvania RAND PAUL, Kentucky AL FRANKEN, Minnesota SUSAN M. COLLINS, Maine MICHAEL F. BENNET, Colorado BILL CASSIDY, M.D., Louisiana SHELDON WHITEHOUSE, Rhode Island TODD YOUNG, Indiana TAMMY BALDWIN, Wisconsin ORRIN G. HATCH, Utah CHRISTOPHER S. MURPHY, Connecticut PAT ROBERTS, Kansas ELIZABETH WARREN, Massachusetts LISA MURKOWSKI, Alaska TIM KAINE, Virginia TIM SCOTT, South Carolina MAGGIE HASSAN, New Hampshire DAVID P. CLEARY, Republican Staff Director LINDSEY WARD SEIDMAN, Republican Deputy Staff Director EVAN SCHATZ, Minority Staff Director JOHN RIGHTER, Minority Deputy Staff Director (II) VerDate Nov 24 2008 13:04 Nov 19, 2018 Jkt 000000 PO 00000 Frm 00002 Fmt 0486 Sfmt 0486 S:\DOCS\26334.TXT CAROL HELPN-004 with DISTILLER CONTENTS STATEMENTS THURSDAY, JULY 13, 2017 Page COMMITTEE MEMBERS Alexander, Hon. -
CBC IDEAS Sales Catalog (AZ Listing by Episode Title. Prices Include
CBC IDEAS Sales Catalog (A-Z listing by episode title. Prices include taxes and shipping within Canada) Catalog is updated at the end of each month. For current month’s listings, please visit: http://www.cbc.ca/ideas/schedule/ Transcript = readable, printed transcript CD = titles are available on CD, with some exceptions due to copyright = book 104 Pall Mall (2011) CD $18 foremost public intellectuals, Jean The Academic-Industrial Ever since it was founded in 1836, Bethke Elshtain is the Laura Complex London's exclusive Reform Club Spelman Rockefeller Professor of (1982) Transcript $14.00, 2 has been a place where Social and Political Ethics, Divinity hours progressive people meet to School, The University of Chicago. Industries fund academic research discuss radical politics. There's In addition to her many award- and professors develop sideline also a considerable Canadian winning books, Professor Elshtain businesses. This blurring of the connection. IDEAS host Paul writes and lectures widely on dividing line between universities Kennedy takes a guided tour. themes of democracy, ethical and the real world has important dilemmas, religion and politics and implications. Jill Eisen, producer. 1893 and the Idea of Frontier international relations. The 2013 (1993) $14.00, 2 hours Milton K. Wong Lecture is Acadian Women One hundred years ago, the presented by the Laurier (1988) Transcript $14.00, 2 historian Frederick Jackson Turner Institution, UBC Continuing hours declared that the closing of the Studies and the Iona Pacific Inter- Acadians are among the least- frontier meant the end of an era for religious Centre in partnership with known of Canadians. -
The Committee on Government, Military and Veterans Affairs Met at 1:30 P.M
Transcript Prepared By the Clerk of the Legislature Transcriber's Office Government, Military and Veterans Affairs Committee January 31, 2008 [LB803 LB991 LB1062 LR225CA] The Committee on Government, Military and Veterans Affairs met at 1:30 p.m. on Thursday, January 31, 2008, in Room 1507 of the State Capitol, Lincoln, Nebraska, for the purpose of conducting a public hearing on LB803, LB991, LB1062, and LR225CA. Senators present: Ray Aguilar, Chairperson; Kent Rogert, Vice Chairperson; Greg Adams; Bill Avery; Mike Friend; Russ Karpisek; Scott Lautenbaugh; and Rich Pahls. Senators absent: None. [ ] SENATOR AGUILAR: Welcome to the Government, Military and Veterans Affairs Committee. I'll start off by introducing the senators that are present. On my far left: Senator Kent Rogert, the Vice Chair of the committee from Tekamah, Nebraska; next to him Christy Abraham our legal counsel; my name is Ray Aguilar, I'm from Grand Island, Chair of the committee; next to me, Sherry Shaffer, committee clerk; Senator Mike Friend from Omaha; Senator Rich Pahls from Omaha; Senator Greg Adams from York; and Senator Bill Avery of Lincoln. Our pages today are Ashley McDonald from Rockville, Nebraska, Courtney Ruwe from Herman, Nebraska. The bills will be taken up in the following order that they are...and also as they are posted on the door: LB803 and LB991 will be heard together, but as you use the sign-in sheets, if you're in favor or against one bill in particular, sign it accordingly; followed by LB1062, LR225CA. The sign-in sheets are at both entrances. Sign in only if you're going to testify and put it in the box up here in front of me. -
A Report on the Litigation Lobby
CENTER FOR LEGAL POLICY AT THE MANHATTAN INSTITUTE C L P STREET NW A REPORT ON THE LITIGATION LOBBY 2010 A Message from the Director merica’s litigation-friendly legal system continues to im- law is, for the most part, crafted by state judges rather than en- A pose a heavy burden on our economy. The annual direct acted by state legislatures, these efforts have centered on ensuring cost of American tort litigation—excluding much securities liti- a friendly judiciary, whether appointed or elected. gation, punitive damages, and the multibillion-dollar settlement With business groups now fighting back against Trial Lawyers, reached between the tobacco companies and the states in 1998— Inc.’s longtime grip on state judiciaries, the litigation lobby has exceeds $250 billion, almost 2 percent of gross domestic prod- turned its attention to state legislatures, where it is not only block- uct.1 The indirect costs of excessive litigiousness (for example, the ing tort reforms but working to expand its portfolio of litigation unnecessary tests and procedures characterizing the practice of opportunities. Among other things, state legislators are authoriz- “defensive” medicine, or the loss of the fruits of research never ing new kinds of lawsuits, raising damage caps, and giving private undertaken on account of the risk of abusive lawsuits) are prob- lawyers authority to sue on behalf of the state. ably much greater than the direct costs themselves.2 Of course, the growth in federal regulation and law has made Of course, tort litigation does do some good, and it does deter it necessary for Trial Lawyers, Inc. -
Embedded Reporters: What Are Americans Getting?
Embedded Reporters: What Are Americans Getting? For More Information Contact: Tom Rosenstiel, Director, Project for Excellence in Journalism Amy Mitchell, Associate Director Matt Carlson, Wally Dean, Dante Chinni, Atiba Pertilla, Research Nancy Anderson, Tom Avila, Staff Embedded Reporters: What Are Americans Getting? Defense Secretary Donald Rumsfeld has suggested we are getting only “slices” of the war. Other observers have likened the media coverage to seeing the battlefield through “a soda straw.” The battle for Iraq is war as we’ve never it seen before. It is the first full-scale American military engagement in the age of the Internet, multiple cable channels and a mixed media culture that has stretched the definition of journalism. The most noted characteristic of the media coverage so far, however, is the new system of “embedding” some 600 journalists with American and British troops. What are Americans getting on television from this “embedded” reporting? How close to the action are the “embeds” getting? Who are they talking to? What are they talking about? To provide some framework for the discussion, the Project for Excellence in Journalism conducted a content analysis of the embedded reports on television during three of the first six days of the war. The Project is affiliated with Columbia University and funded by the Pew Charitable Trusts. The embedded coverage, the research found, is largely anecdotal. It’s both exciting and dull, combat focused, and mostly live and unedited. Much of it lacks context but it is usually rich in detail. It has all the virtues and vices of reporting only what you can see. -
Employee Free Choice Act What It Means for You
JUNE 2009 54224_P01_32_x2.indd 1 6/21/09 11:00:58 PM President’s Page Employee Free Choice Act What It Means For You uch that is written on the front pages of tively—free from coercion, intimidation, and retali- Mnewspapers all across America on the Em- ation, exactly what is needed to rebuild the middle ployee Free Choice Act (EFCA) has been about class. We know the erosion of the middle class fol- the battle lines drawn by Big Business and La- lows in the footprints of the steady decline of work- bor on this issue. It is easy to get caught up in ers’ rights over the past several decades. Below are the politics of it all, but the American public de- some of the reasons the Act is so important, and serves an answer to the question, “Is this good why the Iron Workers and the building trades have for America right now?” The U.S. House of Rep- supported passage of the EFCA in Congress: resentatives passed the EFCA on March 1, 2007 When workers in a non-union workplace at- by a 241-185 majority. However, though a ma- tempt to form support for a union, they are of- jority of the Senate supported the EFCA, a Re- ten times harassed and intimidated; 25 percent publican fi libuster blocked it. Published reports of companies unlawfully fi re pro-union workers. state approximately 60 million unrepresented The current laws against such corporate mis- Americans would join a union if given a chance. conduct are so weak companies often treat them The U.S. -
The Employee Free Choice Act – What’S an Employer to Do?
Reprinted with permission from the New York State Bar Association Journal, September 2009, Vol. 81, No. 7, published by the New York State Bar Association, One Elk Street, Albany, New York 12207. POINT OF VIEW BY EVE I. KLEIN, BRUCE J. KASTEN AND JOANNA R. VARON EVE I. KLEIN ([email protected]) is a partner at Duane Morris LLP in New York City practic- ing in the area of employment law, labor relations and litigation. She earned her law degree from Cornell Law School and her undergraduate degree, with distinction, from Cornell University School of Industrial and Labor Relations. BRUCE J. KASTEN ([email protected]) is a partner at Duane Morris LLP in Philadelphia, practicing in the areas of employment law, labor relations and employment litigation. He is a graduate of the Columbus School of Law of The Catholic University of America and earned his undergraduate degree from the University of Scranton. JOANNA R. VARON ([email protected]) is an associate at Duane Morris LLP in New York City. She received her law degree from the Benjamin N. Cardozo School of Law, where she was senior articles editor of the Cardozo Arts and Entertainment Law Journal. She received her undergraduate degree, with high honors, from Rutgers University. The Employee Free Choice Act – What’s an Employer to Do? he labor movement’s top legisla- any corresponding increase in penal- cess; (3) potential revisions to EFCA; tive priority, the Employee Free ties for union misconduct. and (4) steps employers can take to TChoice Act (EFCA), proposes The chances for passage of at least be ready for the changes the EFCA is the most sweeping set of amendments some version of the EFCA this year expected to have on the organizing to the National Labor Relations Act have improved dramatically from last and collective bargaining processes.