This is the second installment in a three-part series on the Employee Free Choice Act (EFCA). The third and final installment will be published next Wednesday on Global Investment Watch.
A Dress Rehearsal for the Big Day
In March of 2007, organized labor forced a dry-run on its top legislative agenda – comprehensive labor law reform. The U.S. House of Representatives passed the Employee Free Choice Act (EFCA) handily 241 to 185 (bill H.R. 800). The House voted pretty much along party lines with only two southern democrats “dissenting” (Dan Boren of Oklahoma and Gene Taylor of Mississippi). In the Senate, the bill met more opposition as it was filibustered successfully after only 51 Senators voted for cloture, nine less than the required 60 (note: one Democrat, Tim Johnson of South Dakota, was absent so they were really only eight away). Truth be told, the legislation had little chance of making it through Senate then. Plus, President Bush would have vetoed it anyway.
What that 2007 vote did, however, was to shape labor’s money spending strategy for the 2008 election cycle. Namely, that dress rehearsal helped the AFL-CIO’s political affairs department pinpoint precisely who could be counted on to back EFCA, who opposes it outright, and who is still on the fence. Now that Democrats are coming off successful election victories at virtually all levels of state and federal government, the playing field is very different. Both the Senate and the House have many more Democrats than they did in 2007 and the battle lines look far more favorable for passage of EFCA than they did just a few months ago. Most importantly, labor now has an apparent ally for working people in the Office of the President.
At present, organized labor seems within tortuous reach of having the required votes in the Senate to pass EFCA (the bill is safe in the House). In November, the Democratic party picked up eight seats in the Senate (Alaska, Colorado, New Hampshire, New Mexico, North Carolina, Oregon, Virginia, and – for now – Minnesota). That gets them to the 60 necessary to avoid a filibuster. So passage is a done deal, right? Not so fast.









