Labor's last stand:
The corporate campaign to kill the Employee Free Choice Act

By Ken Silverstein

Ken Silverstein is the Washington editor of Harper’s Magazine.

On a Monday morning this past April, a few dozen Arkansans from that 
state’s Chamber of Commerce could be found holing up in a Marriott hotel 
in Crystal City, Virginia, less than a mile from Washington’s Ronald 
Reagan National Airport. They assembled in the hotel’s Jefferson 
Ballroom, on one wall of which hangs a portrait of the third president 
standing before a giant Declaration of Independence. Despite the early 
hour, the visitors were cheerful, sipping from big Starbucks cups as 
they gathered up political literature and hard candies and waited for 
their program to begin.

These men and women had come to town as part of a lobbying “fly-in” 
coordinated with the U.S. Chamber of Commerce. Their mission: to battle 
the Employee Free Choice Act (EFCA), a bill that would make it easier 
for workers to organize unions, which now represent only 12 percent of 
the American labor force (compared with nearly a third in Canada and 
more than a quarter in the United Kingdom). That morning the group was 
to be briefed by Glenn Spencer, a deputy chief of staff at the Labor 
Department during the George W. Bush years who is now coordinating the 
Chamber of Com merce’s campaign against EFCA. Another squad of fly-ins 
from Arkansas was meeting at the Chamber’s downtown Washington 
headquarters, and the two forces would soon join to fan out across 
Capitol Hill for meetings with members of the state’s congressional 
delegation.

That night, the Arkansans would reconvene at the hotel for a reception 
and dinner at the Sky View Lounge, an event to help business leaders 
“maintain close and productive contact” with the state’s two senators 
and four representatives. Among the sponsors of the dinner were some of 
Arkansas’s most powerful corporations, including Tyson Foods, the steel 
company Nucor, and, of course, Walmart. The true purpose of all this 
effort and expense was to persuade the state’s two senators—Mark Pryor 
and Blanche Lincoln, both Democrats—to support a Republican bid to stop 
EFCA from coming to a vote.

After eight years in the Bush wilderness, the labor movement has 
achieved some early victories under Barack Obama. He has issued an 
executive order supporting the use of union labor on government 
construction projects, for example, and another barring federal 
contractors from seeking reimbursement for anti-union expenditures; 
also, he signed the Lilly Ledbetter Fair Pay Act, which extends the 
deadline for filing pay-discrimination claims. But for business, EFCA is 
seen as a sort of Armageddon. Currently, when workers wish to unionize, 
the National Labor Relations Board (NLRB) will oversee an election after 
30 percent of the employees in a given workplace sign union 
authorization cards. Under EFCA, if half of the company’s employees sign 
such cards, no election would be required, a practice that is standard 
in much of the industrialized world. Another provision of EFCA, and one 
fiercely opposed by business, calls for binding arbitration after 120 
days if a company and a new union are unable to come to terms on a contract.

EFCA’s opponents deride the bill as “card check” and say it would strip 
workers of their “sacred right” to hold a secret-ballot election. “This 
is the demise of a civilization,” Bernie Marcus, the former CEO of The 
Home Depot, said of EFCA during a business conference call last fall. 
Sheldon Adelson, the hotel magnate and funder of right-wing causes, 
calls EFCA “one of the two fundamental threats to society,” the other 
being radical Islam. Randy Zook, head of the Arkansas State Chamber of 
Commerce, spoke in similarly dire terms when I met him at the Marriott. 
“For small-business and plant managers to have a chance to survive, they 
have to be incredibly flexible and incredibly ruthless in terms of 
efficiency and cost-cutting measures,” said Zook, who before joining the 
Chamber spent three decades with the Atlantic Envelope Company. “It’s 
not just about wages but [union] work rules, which are very rigid. We 
have companies in Arkansas selling 25 to 30 percent of their total 
output abroad. We are in a global environment, and to succeed you have 
to be better, faster, and cheaper than your competitors. The business 
community is unanimous on EFCA, and I mean so unanimous that it’s crazy.”


full: http://www.harpers.org/archive/2009/07/0082563

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