|Jottings By An Employer's Lawyer|
Thursday, August 14, 2008
George McGovern - A "No" on the EFCA
And as I, and a large number of commentators have been saying, one of the other provisions of the EFCA which would dramatically change the leverage on first contract bargaining, may do even more to upset the current balance of power between labor and business. Both provisions, replacing secret elections with card check and requiring binding interest arbitration if a first contract is not reached after 90 days of bargaining, are radical changes. Even if you think that they are needed, it should be a conscious decision, not just a political favor.
One of my greatest concerns about Congressional action is that as an institution it seems far out of touch with the realities of the workplace. And since it doesn't involve a tax increase, enacting employment and labor matters could be seen as a "free" way to pass on benefits to constituents. However, once enacted, employee rights will not be removed. (The last example I can think of is the Portal to Portal Pay Act of 1947). And if ill conceived legislation, truly disrupts the workplace, the cost is one that we will all bear. The EFCA is one piece of legislation that has that potential.
Hat tip to Laboring Away at the Institute for the link to the article.