NY Times, January 9, 2009
Bill Easing Unionizing Is Under Heavy Attack
By STEVEN GREENHOUSE

WASHINGTON — Intent on blocking organized labor’s top legislative
goal, 
corporations are quietly contributing to lobbying groups with appealing

names like the Workforce Fairness Institute and the Coalition for a 
Democratic Workplace.

These groups are planning a multimillion-dollar campaign in the hope of

killing legislation that would give unions the right to win recognition

at a workplace once a majority of employees sign cards saying they want

a union. Business groups fear the bill will enable unions to quickly
add 
millions of workers and drive up labor costs.

The Coalition for a Democratic Workplace, a federation of 500 business

groups, ran a full-page advertisement on Wednesday that sought to 
discredit the legislation, called the Employee Free Choice Act. The 
advertisement said that if secret ballots were good enough to elect 
Barack Obama then they should be good enough for union members, too.

Richard Berman, a Washington lobbyist, has created a business-backed 
group, the Center for Union Facts, that is planning to run millions of

dollars’ worth of television spots over the next few months to
pressure 
moderate Democrats to oppose the bill.

During last fall’s presidential campaign, groups opposing the 
legislation spent more than $20 million on television commercials in 
Colorado, Maine, Minnesota and other states in an effort to defeat 
Democratic Senate candidates who backed the bill.

At a confirmation hearing set for Friday, Republican senators are 
expected to challenge Representative Hilda L. Solis of California, 
President-elect Obama’s choice for labor secretary, over her support
for 
the legislation.

Business leaders denounce the bill because it would largely eliminate 
secret-ballot elections to determine whether workers want a union. (The

union win rate has traditionally been far higher through majority 
signups than elections.)

“If you know anything about politics, it is a game changer,” said 
Senator John Ensign, Republican of Nevada. “It is a total game
changer 
for the next 40 to 50 years if the Democrats are able to get this 
legislation that eliminates the right to a secret ballot. We are 
fighting it hard.”

Senate Democrats have not decided when to bring up the measure. Given 
its divisiveness, it will not be one of the first bills they bring to 
the floor. But the legislation has the strong backing of Senator Harry

Reid of Nevada, the majority leader, who is expected to bring it up
once 
Democrats are confident they can overcome any filibuster.

In 2007, the House passed a similar bill, but it failed in the Senate
on 
a procedural vote.

Republican leaders and business lobbyists say the Democrats do not have

the 60 votes to overcome a filibuster. But union leaders voice
optimism, 
noting that Mr. Obama has endorsed the bill and that Democrats have 
close to 60 seats in the Senate, though two remain in dispute. Arlen 
Specter, a Pennsylvania Republican who once was a co-sponsor of the 
bill, has not decided whether he would support it this time, an aide
said.

Whether it is Wal-Mart or the National Restaurant Association, many 
companies and corporate groups financing the opposition fear that their

companies and industries will be among labor’s earliest organizing 
targets should the bill become law.

Labor leaders say they are setting their sights on several industries,

like banks and big-box retailers like Wal-Mart or Target, where unions

have had virtually no success.

“We’re going to organize in the basic industries of our unions: 
construction, hospitality, health care, retail, food production and 
manufacturing,” said Tom Woodruff, director of strategic organizing
for 
Change to Win, a federation of seven unions that includes the Service 
Employees International Union, the Teamsters and the United Food and 
Commercial Workers. “Those are jobs that are going to stay in the 
country. The question is whether those jobs are going to be decent 
middle-class jobs.”

Mark McKinnon, a media adviser to the presidential campaigns of John 
McCain and George W. Bush, is a spokesman for the Workforce Fairness 
Institute. Mr. McKinnon said the institute was focusing on drumming up

grass-roots support from business. He would not say which companies are

financing the institute, founded by several longtime Republican
operatives.

“This issue has really become very high on the radar screen,” he
said. 
“Businesses are hearing about it, and they are ready to riot in the 
street about it.”

The measure “is the most radical rewrite of labor legislation since
the 
1930s,” Mr. McKinnon said. “It is a political nightmare and a
public 
policy disaster.”

Opponents fear that the legislation will enable labor to become a 
wealthier and more powerful political force. Union leaders see the bill

as crucial for reversing labor’s long decline — unions represent
just 
7.5 percent of private-sector workers, down from nearly 40 percent a 
half-century ago.

John Engler, president of the National Association of Manufacturers, 
said that if Wal-Mart’s United States work force of 1.4 million were

unionized, that could mean $500 million in additional union dues 
collected each year — tens of millions of which might be used to
support 
Democratic causes and candidates.

Acknowledging that Wal-Mart presents a formidable challenge, labor 
leaders say they hope to unionize up to 100 of Wal-Mart’s more than 
4,000 United States stores for starters, which might add 30,000
members.

“We are against any bill that would effectively eliminate freedom of

choice and the right to a secret ballot election,” said a Wal-Mart 
spokesman, David Tovar. “We believe every associate” —
Wal-Mart’s term 
for employees — “should have the right to make a private and
informed 
decision regarding union representation.”

Labor leaders say they do not oppose secret-ballot elections, but
rather 
the bitter two-month management-versus-union campaigns that often 
precede elections. Union leaders say those campaigns are usually unfair

because corporations often fire union supporters and press their 
anti-union views day and night in one-on-one sessions and large
meetings 
while union organizers are prohibited from company property.

Labor leaders said that last month they won one of the biggest 
unionization victories in years for the nearly 5,000 workers at the 
Smithfield pork processing plant in Tar Heel, N.C., by insisting on
what 
they said were fairer rules.

If the bill is enacted, unions say they will try to organize workers by

quietly getting a majority to sign pro-union cards before companies can

begin an anti-union campaign. In theory, a union organizer or pro-union

employee would have an easy time signing up a majority of, say, the 25

workers at a McDonald’s, the 15 baristas at a Starbucks or the 50
aides 
at a nursing home.

Corporations also oppose a provision of the bill that would allow 
government arbitrators to determine the terms of a contract when no 
agreement has been reached within 120 days of a union’s winning 
recognition. Defending that provision, labor leaders say companies
often 
undermine newly formed unions by dragging out contract talks for
months, 
even years.

“The idea of negotiating a contract and turning it over to an
arbitrator 
who has no interest in the company or the workers’ future and then
can 
dictate the terms of a contract, that’s a pretty reckless way to
go,” 
said Mr. Engler of the manufacturers’ association. “This is the one

issue that everybody who’s an employer agrees is a bad idea.”



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