New compromise measures from Diane Feinstein and Arlen Specter may pave the way for the passage of the Employee Free Choice Act (EFCA).
With 900,000 union members in the state of Pennsylvania, the Arlen Specter firewall appears to be crumbling. He knows he can’t win a Democratic primary in Pennsylvania without labor, and they have made it clear that their support is contingent on his vote on Employee Free Choice.
Which is why Penny Pritzker and fellow billionaires are getting nervous, publicly breaking with the White House and President Obama over his support for the bill.
The "centrist" Dems of the Senate, led by Tom Harkin, know they won’t be able to shrug and say "what can we do, we only have 59 votes" much longer. They have been trying to write an acceptable compromise so the party’s progressives (including the unions) don’t decide to stay home when Specter and others need their help in the 2010 elections.
According to the National Journal:
[Diane Feinstein's] proposal would replace the card-check provision, which would allow workers to unionize if a majority signed authorization cards and strip a company’s ability to demand a secret ballot election. "It’s a secret ballot that would be mailed in … just like an absentee ballot. The individual could take it home and mail it in," Feinstein said. If a majority mailed the ballots to the National Labor Relations Board, the NLRB would recognize the union.
As Harkin says, the Feinstein compromise has the advantage of "protecting the secret ballot, so people can do it in private," which neutralizes that particular right-wing criticism of the bill.
The other bone of contention has been arbitration clause of the Employee Free Choice Act. Specter himself supports "last best offer" arbitration. It’s also called "baseball arbitration," and has incentives to get both parties to quickly make their best, most reasonable offer. Bill Samuel of the AFL-CIO says "we’re open to that."
Labor will no doubt be disappointed with such sacrifices to the bill, but if it means getting something passed, they will probably be happy to make these concessions which satisfy the demands of critics like Blanche Lincoln, Mark Pryor, Jim Webb, Michael Bennet, Mark Udall and Ben Nelson.
George McGovern was recently dis-invited to the Progressive Magazine’s 100th anniversary event because of his outspoken opposition to the bill on behalf of his good friend Rick Berman. If McGovern is interested in reclaiming his reputation among progressives as something more than the pawn of a right wing astroturfing scumbag, he now has the opportunity to acknowledge that these compromises would satisfy his concerns.



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“It’s a secret ballot that would be mailed in … just like an absentee ballot. The individual could take it home and mail it in,” ?????
As Harkin says, the Feinstein compromise has the advantage of “protecting the secret ballot, so people can do it in private,” which neutralizes that particular right-wing criticism of the bill.
HOW WILL THIS WORK????
The Problem is NOT Voting in private the Problem is the 42 DAY Toture Period!
Something Is Better Then NOTHING! Will Wait and See How It Works.
Thinking Outside The Box to Get EFCA Passed
http://efcanow.blogspot.com/20…..loyee.html
With 900,000 union members in the state of Pennsylvania, the Arlen Specter firewall appears to be crumbling. He knows he can’t win a Democratic primary in Pennsylvania without labor, and they have made it clear that their support is contingent on his vote on Employee Free Choice.
gee, thanks DiFi.
Now that Arlen has made quite clear that he will tell his brand new party to fuck off if an when it suits him, by all means let’s give him some political cover.
and in other “doesn’t anyone know how to play this game?” news, Abu’s going back to D.C.
http://thinkprogress.org/2009/…..ts-dinner/
“Gonzales, yes we have your name right here. Table for one?”
Specter will do whatever it takes to keep his seat. He’ll buckle on health care too.
The “centrist” Dems of the Senate, led by Tom Harkin…..
Shit. I can remember when Harkin wouldn’t run from the liberal tag.
I don’t see anything essentially bad in these proposals, but as EFCNOW points out, the devil is in the details. So we need to see the details.
As far as the merits of the matter, passing some kind of EFCA bill seems a no-brainer to me in terms of equitable labor relations policy.
Specter, and other misnamed ‘centrist’ Democrats (I think ‘conninving, corrupt and cowardly’ are better labels) need to show that they are playing a good faith and constructive role in the EFCA bill. If they don’t, then I think primary challenges should be considered. Especially for Specter.
I’m not even asking that they vote for it, but that they be honest, act and speak in good faith, and do not try to block it with gaming the cloture vote. So, I think that is a different attitude than the insane and self-destructive GOP and Club for Growth (not sure I have the name quite right) litmus tests.
Whichever medicine works on Arlen to get him on the reservation should be applied to BlueBall Dems immediately.
I hope so. We don’t know what is going on behind closed doors. Maybe Specter is massively befouling his pants at the prospect at losing an election. I can conceive of private conversations that go like:
“for goodness SAKE, Joe, all I know is how to be a SenatOR. I’ve tried LAWN BOWling, but I just can’t DO IT. Help me keep my seat, tell me what to do!”
As I noted before, Specter may have trouble integrating his thoughts, speech and actions into a coherent whole. He is so used to his empty moderate GOP act, he may just need time to relearn how normal people function.
This makes no sense. Why do they even speak to the secret ballot nonsense? They no it’s a red herring.
And mail in is closer to card check than it is to secret ballot. They claim it’s about intimidation. How is it any different?
Fucked up.
….he may just need time to relearn how normal people function.
“normal people” in the Senate?
i wish dems would hold on to progressive ideals as well as repugs hold onto their regressive beliefs… and next year these same dems will come into the community and ask again for our votes… and i hope specter gets primaried in PA!
hmm…..don’t hold yer breath on that one.
Specter is such a complete jag-off. First he co-sponsors EFCA. The the R primary looks a little rough there so he opposes what he co-sponsored. Then he sees he’s gonna get his ass kicked in the primary and switches parties but announces he’s still opposed to efca. then he supports it.
A disgusting individual. makes my skin crawl.
I’d want to reserve judgment on how stupid the idea is before I make up my mind about what the point of it is, or how objectionable. I do think it is unnecessary.
If it is just that instead of signing the card, which may not be secret, some small gimmick is added so that it is definitely secret, then I don’t have a problem. It is just a gimmick to counter propaganda currently being used against it.
If you combine it with some bogus ‘waiting period’ that allows employer intimidation tactics and disinformation campaigns, then the idea is introducing a dangerous loophole that might gut the whole idea.
I don’t know much about the ‘last best offer’ thing, so I would really want details on how that works.
juslin: good point, I guess there are just more and less non-normal people in the Senate. In some ways, Specter is not among the less [late edit: I think I meant MORE -see, politics is so confusing!] non-normal, given his recent behavior.
[late late edit: I guess I did mean ‘not among the less non-normal’. Friday, and I started work very early this morning! Sorry.)
I exSpectred this on day one of the big switch. Still think DC and PA Dems are fools if they endorse Arlen’s candidacy.
That said, I don’t see how this will change Blanche or Marks position (though mark might be a bit easier this year).
And Ben Nelson? Ha!
All I know is that DiFi is NOT to be trusted or believed in at all. She had the bs amendment re ‘wire-tapping’ that she KNEW would not get enough votes and tried to hide behind the amendment as her ‘opposition’ to the bill and then voted for it in it’s entirety.
NEITHER of these whores are to be believed or trusted.
George McGovern. Oh man, that really tosses my confidence into the dumpster and ups my cynical meter.
Now I am not in favor of the health care proposals which appear to be the type capable of making it through committee. But if I were an Dem I would have no problem sweet talking Arlen into supporting the labor and health bills this year… and then dropping him like a hot potato.
Would love to see that happen before PA primary daze sets in. *s*
It’s not that hard.
Do what’s right.
And Ben Nelson? Ha!
now there’s a comment which could be recycled pretty much with regard to any given issue…
Is the guy behind Specter in the picture…..the shooter on the grassy knoll? Just curious…
The names of the people voting for the union better be kept confidential by the NLRB until after the union is certified with a Yes vote, or the information must be destroyed after certification of a No vote. The employer must not be able to retaliate against folks who voted Yes, even if they fail.
Bravo, Jane!
The fact that Specter is actually giving a good showing in the pennsylvania polls at this point just confirms to me that one of the best decisions I ever made was to get the hell out of that state!
Here is my idea for a campaign add by whoever has the guts to run against this scumbag in the Dem primary:
On one side of the screen is a person standing he or she holds a sign either Dem or Republican Specter is in the middle. The Dem or repub states an issue or point of view as he she speaks a slight wind from his her speech seems to blow across Specter and he starts to drift in that direction vis verso for the other side. THey jsut keep going back and forth and fiannly a voice over says…”Arlen Specter whatever way the widn blows!”
And why haven’t any of Specters disgracefull interrogations of Anita Hill surfaced to help discredit him with the women of Pennsylvania?
Dear Jane, I suppose that a periodic concern among large numbers of bloggers is the constant fear of the embarrassment of an ill considered comment, perhaps even a remark such as this one cribbed from this very blog of yours:
“George McGovern was recently dis-invited to the Progressive Magazine’s 100th anniversary event because of his outspoken opposition to the bill on behalf of his good friend Rick Berman. If McGovern is interested in reclaiming his reputation among progressives as something more than the pawn of a right wing astroturfing scumbag, he now has the opportunity to acknowledge that these compromises would satisfy his concern.”
I have no idea of who Rick Berman is, haven’t heard of him so maybe you are right, but I have heard of George McGovern and i will state this without fear of contradiction or misstatement, if George McGovern had defeated Nixon in 1972 the chances are good you’d be living in a much better country today.
McGovern is a man who, in his mid twenties, flew as pilot in command
thiry-five combat missions in his bomber at a time in the 2nd world war when bomber pilots had a 75% mortatlity rate. he earned a metal for valor for landing his shot up plane in very difficult circumstances and thereby saving the lives of his crew.As a Senator he was second to no one in his opposition to the Vietnam War and he has been a stalwart supporter of the working women and men in this country as long as I’ve lived and I’m an old man. I’m a union activist, a shop steward for 20 plus years and while I sorry we don’t have the Senator’s support this time out, I will always honor him for what he has done for us.
To suggest he would act as a pawn of any one is, in my mind, a disservice not just to Mr McGovern but to your readers as well.
Two ethical,straight talking Senators I’d trust as far as, as; well fuck’em.
Please don’t forget that Senator McGovern -who I supported in his run for the Presidency- IS a politician and Jane indicated his position was a ‘favor’ to a friend.
And you could have found out who Rick Berman was either by googling -or much easier- clicking on the link Jane provided.
And she does give him the opportunity to ’square’ things.
BUT really more to the point, he simply isn’t as sharp in mental acuity as he used to be (spoken as a 62 year old).
When he states in his WSJ op-ed in opposition to EFCA that it eliminates secret elections, such simply isn’t true.
When he states “Currently, labor law maintains a careful balance between the rights of businesses, unions and individual employees. While bargaining power differs depending on individual circumstances, the rights of the parties are well balanced. When a union and a business enter negotiations, current law requires that both sides bargain “in good faith.”
he obviously isn’t connected to what happens nowadays.
No diservice to either readers, who have a responsibility to ‘dig’ and just not be ‘told’, nor to Senator McGovern, given his lack of clarity in thought regarding this issue.
I think this is an excellent plan. My problem with EFCA was that it deprived workers who didn’t want a union of their voice. Once sufficient cards were turned in, possilby generated under significant peer pressure, the union was a done deal. Under this plan, all workers will be able to vote, at home and in private, and send the ballots secretly to the NLRB.
Everyone’s rights are preserved.
“Once sufficient cards were turned in, possibly generated under significant peer pressure, the union was a done deal.”
That always seemed like so much corporate propaganda to me. The opposition to EFCA is based on paternalistic assumptions about workers. At least nominally. It’s really based on the realization that making it easier for workers to join a union makes it more likely that unions will form. And Republicans don’t want that.
“which neutralizes that particular right-wing criticism of the bill.”
If by neutralize, Harkin means have absolutely no effect on, than he’s surely correct. Those objections were based on lies, so why on earth would a change in the actual bill impact their arguments – by they I mean Arlen, Ben Nelson, McGovern and the rest. The problems for EFCA have been because of Democrats. Of course, if the details so hobble the bill that it ceases to have any potential impact, those opponents may let the bill through, but this is their choice – it is not about what arguments they have available to them.
This episode will be the model for the consevadems and their lobbyist allies for all future battles for how to undermine progressive reform.
Step 1 – Let lobbyists and PR people, along with their astroturf organizations and Republicans, lie about what is at stake.
Step 2 – The media and so called centrist Democrats begin concern trolling on the basis of those lies.
Step 3 – Some progressives and their allies, begin to back peddle and tally each Dem Senator that comes out against us (but each individual one won’t matter because we just need them to vote for cloture) and then throw up their hands because we’ve already lost the messaging war.
Step 4 – Make concessions based on falsehoods, which serves to reinforce those falsehoods. Those concessions either undermine progressive values in the details, or just lead to more criticism from opponents, or both.
Even if you don’t care about EFCA, this is a terrible development.
Not a compromise. Workers already have a right to organize under labor law – but it is violated by employers. The point of the EFCA is the strengthen the ability of worker’s to exercise their constitutional right to form a union at work. OK – if employers defeat card check, then let the congress come up with another way to strengthen existing law – like adding a jail sentence to the fines for violations. No more hand slaps. Let CEO’s deal with orange jump suits. I’m sick of it.