Feinstein Pulls Support for Employee Free Choice Act

What I consider to be a stunning move, California Senator Dianne Feinstein is no longer supporting the Employee Free Choice Act (EFCA).

According to Santa Clarita AM radio station KHTS, Senator Feinstein will not sign on the dotted line:

A delegation from the Santa Clarita Valley Chamber of Commerce, joined by similar groups from around the country, is in Washington to have meetings to express their opposition to the bill. At around 12:00 eastern time this afternoon, the group met with Senator Diane Feinstein.

Feinstein, a major proponent of the Employee Free Choice Act, broke national news when she told the local delegation that she is withdrawing her support. Feinstein, a major proponent of the Employee Free Choice Act, broke national news when she told the local delegation that she is withdrawing her support. “She will not vote for the bill, and she will not support any modification allowing the process to bypass secret ballots, and she believes that now is not the right time for this type of legislation given the downturn in the economy,” said John Shaffery, a local lawyer and vice president for the SCV Chamber Board of Directors, who was in the meeting.

Well knock me over with a feather here. I was sure that this bill was not going to meet too much opposition from California, particularly with Senator Feinstein, who supported the bill in 2007.

The EFCA would essentially eliminate the employers control over how a union is brought into an organization. Under the current rules, the employer can request a secret ballot on the question of unionization. Should the union be elected in, the National Labor Relations Board(NLRB) would need to certify the union so that it may represent the bargaining unit under collective bargaining. According to Wikipedia, the EFCA would change the current rules:

If enacted, the EFCA would change the currently existing procedure to require the NLRB to certify the union as the bargaining representative without directing an election if a majority of employees signed cards. The EFCA would take away employers’ present right to decide whether to use only the card-check process or to hold a secret-ballot election among employees in a particular bargaining unit, and instead give the right to the employees to choose a secret-ballot election in cases where less than a majority of employees has chosen to unionize through card-check. The proposed legislation would still require a secret-ballot election when at least 30% of employees petition for an election.

The proposed legislation would also establish stricter penalties for employers who violate provisions of the NLRA when workers seek to form a union, and set in place new mediation and arbitration procedures for disputes.

The EFCA is truly a divisive issue. Businesses hate it, The Heritage Foundation hates it (there’s a surprise…), stars love it. President Obama promises to pass it.

And Human Resources professionals are getting dizzy. Either pass it or don’t but please let us know what’s going on.

Thanks to @breakingnewz for the head’s up.