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November 25, 2008

Specter clarifies union law stance

Senator has yet to decide on merits of act that would ease union formation.

By Steve Mocarsky smocarsky@timesleader.com
Staff Writer
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Despite his vote last year in favor of considering legislation favorable towards unions, U.S. Sen. Arlen Specter remains undecided on whether he will support the Employee Free Choice Act if it comes to an expected vote early next year.

“In voting to impose cloture in the 110th Congress, Sen. Specter was explicit that he cast that procedural vote to enable the Senate to consider and deliberate on labor law reform including the ‘Employee Free Choice Act,’ and he expressed no conclusion on the underlying merits of the bill,” Kate Kelly, Specter’s press secretary, said on Monday.

Cloture is the only procedure by which the Senate can vote to place a time limit on consideration of a bill or other matter, and thereby overcome a filibuster.

Specter, R-Philadelphia, and U.S. Sen. Robert Casey, D-Scranton, both voted for cloture on the bill in March 2007. But there were not enough votes to overcome a Republican filibuster.

A new Democratic majority is expected to revive the legislation next year, and President-Elect Barack Obama supports it.

Proponents of the bill say it would make it easier for unions to organize and its passage would ultimately result in higher wages and better working conditions.

Opponents say the act would allow unions and coworkers to coerce and intimidate workers into joining unions and could result in layoffs or company closures if wage and benefit increases were forced beyond employer means.

In a floor statement before the vote, Specter said discussion on the bill is needed “so that we may consider a great many very important and complex issues.” He gave several examples of both unions and employers intimidating employees, as well as examples of how the National Labor Relations Board was dysfunctional in seeing unionization issues resolved in a timely manner.

Specter also coauthored an article in the Harvard Journal on Legislation on the matter with Eric S. Nguyen, a law clerk with the Senate Judiciary Committee.

“Although unions and business organizations have each mobilized to cast the other in the worst possible light, they both have been guilty of coercion from time to time,” the men wrote.

They hope common ground can be found in supporting new legislation that addresses three problems they say “hinder the ability of employees to choose union representation without intimidation:

• Toothless remedies that fail to deter abuses by both unions and employers;

• Administrative procedures that cause inordinate delays;

• And an ineffectual National Labor Relations Board.”

WHAT’S NEXT

The U.S. Chamber of Commerce today is releasing a report with data officials say will show that the Employee Free Choice Act could harm the U.S. economy.

Steve Mocarsky, a Times leader staff writer, may be reached at 459-2005.

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