Specter Bounces Card Check

The recent change of heart by Sen. Arlen Specter on the Employee Free Choice Act likely means the measure, better known as the “card check” bill, is dead — or, at least, on life support.

The Pennsylvania Republican withdrew his backing from the legislation, fought by business groups and championed by labor, after intense lobbying by both factions. The bill, which would make the formation of unions easier, now lacks the 60th vote to end the Republican filibuster expected to take place if and when card check comes before Congress later this year.

Although union leaders and Senate Majority Harry Reid vowed to move forward, the prospects of pushing the measure through are dim.

“The problems of the recession make this a particularly bad time to enact” the legislation, Specter said. We agree. We agree, however, based on more than our current economic troubles.

The Employee Free Choice Act would amend the National Labor Relations Act to allow certification of a union if a majority of workers signed cards naming the union as their representative. The Free Choice Act has other important provisions, including tougher penalties on employers who are deemed to have engaged in unfair labor practices. But it does not require a secret ballot election.

Current law, though flawed, provides for such an election. Yes, employers have been known to abuse the law, pressuring employees, firing organizers. Yes, unions have been known to be corrupt and coercive of those who, for whatever reason, didn’t want to join.

Congress enacted the National Labor Relations Act in 1935 to, among other things, encourage collective bargaining. A lot has changed in 74 years. The United States’ labor force has moved from industry into retail and service professions.

It’s time to rethink the current law. We just don’t think that the Employee Free Choice Act is the best proposal that Congress can devise. Despite what its supporters say, it would erode a bedrock principle of American democracy: the secret ballot. If the National Labor Relations Act needs to be changed, the current incarnation of the card check bill is not the way to do it.