EFCA on the move again.

Arlen Specter may be the key to passing the EFCA in the same way he was an intestinal blockage the last time it came across his desk as a Republican.

Arlen Specter, the freshman Democrat has realized he can't get elected unless the nearly 1,000,000 Union workers in his state see him supporting the EFCA.

Specter is working with Diane Feinstein to create a compromise bill that will still get him elected. Pennsylvania's Unions have the votes and the will to make or break Arlen Specter and both he and the Democrats know it.

He can't win the next Pennsylvania Democratic primary without Union votes, and the message has been clear "vote for the EFCA or lose your seat".

Some "moderate" Democrats like Tom Harkin know they won't be able to claim they don't have the votes to pass the EFCA. They can't hide behind the Republicans any longer. Tom Harkin has been leading an effort to write a compromise so the party's voters, (including the unions) don't think they were lied to. No EFCA and they will stay home when Specter and other Democrats need their help in 2010 elections.

The Feinstein compromise replaces the original card-check provision, which allows workers give signed cards to a Union organizer and arranges for them to be counted by the NLRB thus providing the majority sign up and providing the secret election at the same time. This would still prevent companies from terrorizing workers for months or even years to prevent unionization.
EDITOR: As I understand it employees would be given the cards and they would be mailed to the NLRB, the same as absentee ballots are used in regular elections. The individual could take it home and mail it in," Feinstein said. The same EFCA rules would apply
If a majority of all employees mailed ballot to the National Labor Relations Board, and voted YES for the Union, the NLRB would recognize the union. Tom Harkin in CYA mode says, the Feinstein idea will protect the secret ballot, so votes can be cast in private, which kills the complaints about no secret ballot. At least it would kill the complaints if the GOPasaurs were sane.

The GOPasaur, artwork by the DailyKos, irrelevancy courtesy of the Republican party.

The right has always hated the arbitration clause while Unions see some forced answer necessary to prevent companies refusing to ever reach a contract.

Long time labor advocate, Democrat Arlen Specter supports "last best offer" arbitration. Last best offer arbitration forces both sides to negotiate and if no agreement can be reached a (usually) three person panel is put in place consisting of one labor representative, one from management and one neutral party chosen with mutual agreement. The panel has the right to mandate a contract based on the good of the company and the good of the employees. Neither Unions or Management like the idea of giving up any say but Unions feel this may be needed to reach a first contract.

The AFL-CIO has said it is ready to listen to that proposal. Unions have fought for the pure EFCA bill and will be understandably disappointed but they have a long history of negotiations unlike Wal-Mart and know that you never get it all. If these changes mean getting something passed that has not been gutted Unions will probably get behind the compromise.

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