First, it's important to note the EFCA isn't dead yet. Labor has vowed it will keep fighting, and as Roll Call reports they were in full force during the recent Congressional recess:
Union organizers held more than 400 grass-roots events, sent more than 27,000 letters to Members of Congress and put in nearly 100,000 calls supporting EFCA. Additionally, the unions spent more than $1 million on two TV ads over the recess, AFL-CIO spokeswoman Amaya Smith said.But after the defections of key Senators like Arkansas Democrat Blanche Lincoln -- and even pro-labor stalwarts like Ohio's Sherrod Brown (D) predicting it will be watered down -- Frank observes that the EFCA as we know it won't pass:
After massive lobbying both by labor and by business, it appears that the Employee Free Choice Act (EFCA), which, as it now stands, would allow workers to organize in many cases merely by signing cards instead of holding elections, will not have the 60 votes required to get past a Republican filibuster in the Senate.Even Andy Stern of the Change to Win labor federation is signaling compromise is on the horizon given the math.
But it's important to step back a moment and ask how, after the rush of hope that surrounded the victory of Obama and Congressional Democrats -- backed by millions in labor contributions -- did we get to this point?
Many have pointed to the well-financed corporate opposition to the act -- a war chest which, among other things, has been used to fund dubious research warning that the labor bill would cost "thousands of jobs."
But Frank points to an important and under-reported piece of the story -- lobbying firms with strong ties to Democrats who are helping deep-six labor's agenda. After asking why Democrats seem treat labor like an ATM machine for campaign cash, only to turn their backs on them in Congress, Frank offers these devastating set of facts:
[M]aybe it's just the money. Consider the lineup of lobbyists that retail giant Wal-Mart has assembled to make its case against EFCA. According to lobbying disclosure forms filed with the House and Senate we find that Wal-Mart's lobbyists include Mehlman Vogel Castagnetti (which employs former presidential candidate John Kerry's liaison to Congress during the 2004 campaign), a former legislative director for Rahm Emanuel, and a former assistant to Arkansas Democratic Sen. Blanche Lincoln.There's much more evidence of the ties between these firms to the Democrats. For example, this month the Podesta Group -- which proudly boasts [pdf] of its special access in the new Democratic administration -- announced the addition of six new principals to their lobbying army. Half have solid Democratic resumes.Wal-Mart has also secured, according lobbying disclosure forms filed with Congress, the services of Tony Podesta, of the Podesta Group, one of the hottest lobby shops in Democratic D.C. Mr. Podesta is joined in pushing Wal-Mart's views on EFCA by a former assistant to Democrat Mark Pryor, the other senator from Arkansas. [FS note: The firm was co-founded with John Podesta, a lead Obama advisor, although he's no longer listed on the group's manifest.]
The real standout on Wal-Mart's labor-issues roster, though, is D+P Creative Strategies, which wears its liberalism as proudly as last week's tax protestors did their three-cornered hats. According to its Web site, D+P "highlights partnership, shared benefits, and a commitment to advancing social justice goals." The disclosure form for its Wal-Mart EFCA activities lists a former assistant to Labor Secretary Hilda Solis. The bio of its principal, Ingrid Duran, who is also listed as a Wal-Mart lobbyist, declares that the firm's mission is "to increase the role of corporate, legislative and philanthropic efforts in addressing the concerns of Latinos, women, and gay, lesbian, bisexual and transgender (GLBT) communities."
The case of the former aide to Sen. Mark Pryor (D-AR) -- Walter Pryor (no relation) -- now lobbying against the EFCA for Wal-Mart is especially bizarre. As Wal-Mart Watch pointed out last month, Walter Pryor's lobbying filing for Wal-Mart lists him as still being an aid to Sen. Pryor -- which is impossible, because legislative aides aren't allowed to lobby.
Melhman & Co. started out as a mostly GOP shop, but ever since 2006 has been cultivating its Democratic Party connections.
Labor has mobilized people and money in unprecedented amounts to get the Employee Free Choice Act passed. But at the end of the day, the money and connections of the corporate opposition -- including Democratic lobbyists -- may carry the day.
(Photo: Tony Podesta, co-founder of the Podesta Group. Photo from Podesta Group.)
Given all of the money spent by corporations to supposedly protect "our" rights......
I suggest that everyone actually read the text of the National Labor Relations Act and the text of the Employee Free Choice Act. If you have not read it, it may be possible that you are one who does not look into what you hear before repeating it OR you are one of those who purposely deceive the public in order to insure that the corporate and financial elite maintain their control over their employees as well as the voting public at large. Once you read it, you will wonder...why would they lie?
The “Employee Free Choice Act” DOES NOT TAKE AWAY AN EMPLOYEES RIGHT TO A SECRET BALLOT VOTE! $200 million will be spent by the CEO’s and the Financial Elite to convince you that it does… The Employee Free Choice Act does take away the absolute power the employers have over the employees during an election because the employers can no longer demand an election (which they have complete contol over). The employees (only 30% needed) can still demand an election at any time! If they can continue to control us as employees......they can continue control us as citizens, stewards of our own government. It is about control and nothing else.
The CEO’s will also tell you that they only want to protect the employees right to a vote… Really? They are going to spend $200 million to help you? Were they protecting your rights when they took your pension money and then used it to ‘sell you’ the company in an ESOP so the shareholders, Officers and board of directors could take your money and leave you the debt? Gee, I wonder why the Tribune writtes articles against the Employee Free Choice Act?
Were they protecting your rights when they took away defined benefit pensions and replaced them with 401K’s (Now 201K’S)? Were they protecting your rights when they shipped your job out of the USA? Were they protecting your rights when they made you part time and then took away your benefits? Were they protecting your rights when they fired you so they could hire someone else at half your wages? Were they protecting your rights when they took outrageous salaries (up to 500 times what the ‘floor worker’ makes) and huge bonuses as their companies go bankrupt?
The executives at McDonalds (and almost all other companies) are opposed to EFCA......the McD's CEO just got a 40% raise! Imagine that! Did the employees get a raise? Or were their wages and benefits cut?
Business says that they are worried about Unions pressuring employees into signing union authorization cards? Really?? They are lying again!
In the first 70 years of the National Labor Relations Act, there were only 42 cases of fraud or coercion by Unions in the submittal of authorization cards. By contrast, there were 29,000 documented cases of intimidation or coercion by employers IN 2007 ALONE!!!
A continuing blatant attempt to "spin" the issue in order to deceive the public into "giving" them what they want.
Don't be shy. Expose the lies! Get out the facts!!!
April 24, 2009 11:18 AM | Reply
Indianapolis hotel workers are currently engaged in a struggle of historic proportions. The Employee Free Choice Act is not just being fought for in the Senate and House Chambers in Washington, but in the streets of Indy, where huge majorities of hotel workers at the Westin, Hyatt, and Sheraton hotels are demanding that the corporations respect their right to a fair process. The passage of EFCA would give these workers the union. Here is a video about their struggle:
http://www.youtube.com/watch?v=exBtVnZaWUk
April 26, 2009 3:12 PM | Reply
I don't want to sound like a pessimist. But there is really nothing a union can do to prevemt the conditions you have described.
April 27, 2009 12:52 AM | Reply