Labor Takes New EFCA Tact: Targets Business On Arbitration

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In what is a tactical shift in the debate over the Employee Free Choice Act, the labor community is going after business, claiming that they have a hypocritical stance on arbitration when it comes to worker-related disputes.

In a print ad running in major congressional newspapers on Thursday, the group, American Rights at Work, points out that arbitration is a favorite tool of business groups when it comes to resolving, among other disputes, real estate transactions, personal injury claims, and health insurance disputes. The same does not hold true when the matter involves agreeing to a contract with a union, notes the ad.

The spot, appearing in Politico, CQ, Roll Call, and The Hill, ignores what has been, to this point, the main fault line in the EFCA debate: Whether or not employees should be allowed to form a union using a card-check election.

"It's pretty ironic since business loves to use arbitration all the time," said a union official who provided an early look at the new ad to the Huffington Post. "They just don't want workers to have the same rights."

Under the Employee Free Choice Act, stricter rules would be applied to the process after which workers have voted to form a union. In particular, if an employer and the voted-upon union are unable to reach agreement on a contract after 90 days, either one of the parties has the power to refer the matter to the Federal Mediation and Conciliation Service (FMCS) for mediation.

In addition to the new ad, ARW is also sending allies and members of Congress a fact sheet, noting that business often use "stall tactics" to prevent signing a union contract.

"In fact, one year after a successful union election, 52 percent of workers' unions still did not have a contract," the document reads. "Arbitration will give companies an incentive to negotiate in good faith and ensure that workers who have chosen to join a union actually get a contract."

In private, union officials suggest that they would be comfortable, at this juncture, with a version of the Employee Free Choice Act that does not contains provisions for card-check elections but maintains the tougher rules on arbitration. In this vein, the Wednesday ad could be considered a line in the sand, of sorts, from the labor community.

ARAW_Arbitration Ad -

Comments

[roshni]

Power to labor! I'm behind you 100%. Spector had better watch his votes.

[rain33]

save american jobs now!..it's time to put a protest in front of senators to let them know that american workers are more important than profits.we need al franken in now and we need EFCA pass desperately to save jobs because corporate jobs doesn't want to stay here any longer!

[josephcrusso]

The word in your headline needs to be "tack" and not "tact."

[Telemachus]

Or perhaps "tactic".

"Tact" is politeness, not a strategic move.

[FaeKnight]

Tact is also a synonym of "address" which "stresses dexterity and grace in dealing with new and trying situations and may imply success in attaining one's ends" (from merriam-we­bster.com) so their usage is correct.

[HelloFunnyWorld]

Here's a thought: Why cant every body belong to - an association or, belong to - a union. Then there wont be this problem.... Why do we label 2 groups of people under 2 different names, when effectively, in practice, they both do the same thing - i.e. look after their members' self interest to the best of their ability? If every body belonged to an association, instead of a union, then look how civil and nice discussions would be all the time, while we iron out each one's Rights and Obligations....? After all, in a Democracy, we are all equal, right....?

[olmossy]

Yeah, but some of us are more equal than others.

[Skyhawk]

Save American jobs, call your congressperson to support the EFCA.

[roshni]

I have - hope others will too.

[teron678]

I see EFCA passing early next year ... once the recession starts to abate ..

[ummeli]

I hope you're right. We need the EFCA desperately.