By BLR Founder and CEO Bob Brady
Bob Brady picks the brain of longtime SHRM President Mike Losey on the implications of the Employee Free Choice Act (EFCA).
Cautious
When EFCA was introduced in Congress several weeks ago, unions and their supporters hailed it as the middle class’s salvation, while employers condemned it as the worst idea since wage and price controls during Nixon’s tenure. (You can see how you and your colleagues feel about the bill by viewing the results of the poll we conducted).
The bill has more than majority support in the U.S. House of Representatives, and close to enough votes in the Senate. There were initial fears that the bill might fly toward passage, similar to the Lilly Ledbetter Fair Pay Act, but that does not now appear to be the case. Passage, if it does come, is probably some time away and most likely will include changes to the legislation. (EFCA would allow certification of a union via “card check”—tabulation of worker-signed authorization cards—without an election, and would mandate arbitration if a contract is not quickly negotiated. Here is a fuller summary.)
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We recently had the privilege of talking to a member of BLR’s advisory board, Mike Losey, the long-time president of the Society for Human Resource Management (SHRM). Mike believes that the initiative behind EFCA is more complex than it first appears. “You have to remember that in most parts of the Western World, the status of unions is much more of a ‘given’,” he said. “This is likely just the beginning of a long-term fight for greater union influence in the workplace.”
Why Now?
Many observers were surprised by the timing of the bill and, especially, by President Obama’s public endorsement, including a statement that he would sign it if it passes. I asked Losey if he thinks Obama is “playing poker.” That is to say, he (Obama) doesn’t think the bill will pass, so he can win points with his Big Labor supporters without fear of the alienating business. Mike wasn’t willing to be that cynical. He thinks that the Obama administration believes in the legislation, and is in the fight for the long run. But they also know that they may not be able to get everything they want. In that sense, they may have been aware that quick passage wasn’t likely, but that it was important to get the process started.
Losey pointed out that unions are very unhappy about the difficulty they have in negotiating initial contracts, hence their support for the EFCA provision that would mandate arbitration if the parties cannot agree to a contract in a very short period. They might be willing to compromise on lengthening the time period or modifying other aspects of the arbitration provision.
He warned that there are other aspects of union organization efforts that will probably come up during this process, such as the unions’ desire to get lists of employees, often key to organizing efforts. They have that right during an election campaign, and they presumably would want it for “card check” purposes, as well.
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Where will this end up?
Losey is not certain where this all going, but he does think that unions are likely to end up stronger as a result of the Obama administration’s initiatives. Compared with our European trading partners, we are at the far end of the labor relations spectrum, and it is probable that the Democrats will bring us back toward the middle. Employers shouldn’t be looking at this as a one-time, “win/lose” proposition. It isn’t a case of “if this bill doesn’t pass, we’re out of the woods.” If this bill doesn’t pass in its present form, we’re likely to see it modified and brought back.
In the meantime, smart employers will be thinking and working to ensure that their workforces aren’t interested in a union.
That’s my e-pinion. I’d be delighted to hear yours. E-mail me at RBrady@blr.com.
I know Mike well and he has visited in our offices in Greensboro North Carolina. At the end of the day, it is all about companies doing the right thing and creating the right climate through active on ongoing communications–this will do more than anything to keep unions out. Companies must do a through job of training their managers and supervisors on how to engage and motivate their employees. As we have heard many times, companies vote Against their managers, not for the union !!
David Moff, SPHR
CEO
The HR Group Inc
http://www.thehrgroupinc.net
It would be a mistake to underestimate the President even though union leaders have proven their lack of worth to their members. Declining membership demonstrates this. Union leaders continue to show they are not in touch with reality in places like New York – see the response of the unions to the Governor Of New York on cuts as a perfect example. A President who gives “leaders” like these a larger voice is scary indeed. I cannot imagine unless our President has the same level of “vision” these leaders demonstrate. Heaven forbid.
Stupid is as stupid does.
http://hrside.blogspot.com/2009/04/stupid-is-as-stupid-does.html