SENATE BILL INTRODUCED

On Thursday, March 30, the last day before Congress was to begin its two-week Easter Recess, Senator Edward Kennedy (D-MA), Chairman of the Senate Committee on Health, Employment, Labor, and Pensions, introduced the Senate version of the Employee Free Choice Act (S. 1041). Read the full text of the bill HERE.

While it was no surprise that the bill was introduced, many observers, including EFCA Updates, expected the introduction to come before or at the Committee’s Hearing, which occurred two days earlier. Carter Wood of the National Association of Manufacturing speculates that the delay "probably occurred because Kennedy could not round up the full Democratic caucus to sign on as original cosponsors."

A LOOK AT THE CO-SPONSORS

Indeed, Senator Kennedy’s bill lists only 46 co-sponsors, four shy of the full Democratic caucus.

Democratic Senators Blanche Lincoln and Mark Pryor, both from Arkansas (home of EFCA critic Wal-Mart), had each supported the measure in the previous Congress but are currently absent from the list of co-sponsors.

Senators Lincoln and Pryor may have been persuaded by Wal-Mart to change positionS on the bill. In a recent article about company, Bloomberg.com noted the following:

In the Senate, Lincoln is considered Wal-Mart's strongest Democratic advocate. Over the last decade, she received almost $100,000 in campaign cash from Wal-Mart, its executives and the heirs of company founder Sam Walton, according to Federal Election Commission data. Lincoln has supported the company's efforts to suspend tariffs on imported goods sold at Wal-Mart's U.S. stores.

Wal-Mart is the ``largest employer in my home state,'' Lincoln said in a statement. ``I know they understand their responsibility as an industry leader to set a higher standard with regard to employee and customer benefits, corporate citizenship and community involvement.''

Senator Ken Salazar (D-CO) is not listed as a co-sponsor and it has been reported that he “may be wavering in his support.”

Senator Ben Nelson (D-NE) was not expected to co-sponsor the bill.

Unlike the House version, it does not appear at the moment that EFCA proponents will be able to claim bi-partisan support. Senator Arlen Specter (R-PA) was expected to be a co-sponsor, as he was two years ago, but his name is absent from the current list.

Though it had been reported by labor's supporters that Senator Patrick Leahay (D-VT) and Senator Bill Nelson (D-FL) would not co-sponsor the bill, it appears that they have done so.

PARTY LEADERS OFFICIALLY TIGHT-LIPPED

Libby George of Congressional Quarterly reports that Senator Kennedy has adopted a realistic tone about the bill’s prospects:

Edward M. Kennedy, chairman of the Health, Education, Labor and Pensions (HELP) Committee, said the bill will be brought directly to the floor if necessary. The House passed the measure March 1.

“If we’re not able to make progress here, the leader will bring it up,” Kennedy said after a HELP hearing on the bill.

Kennedy, D-Mass., did not say whether Democrats would be able to garner the 60 votes needed to end a promised filibuster. “I haven’t counted the votes,” he said.

Ms. George’s article also notes that Republican Senators aren’t tipping their hand about numbers:

Majority Whip Richard J. Durbin, D-Ill., said Democrats are “discussing a number of procedural options,” but also declined to say whether they have the votes to overcome a filibuster.

It takes 60 votes to end a filibuster, and 67 are needed to override a veto. Republicans are far from coy in their opposition to the bill.

“We’re going to fight that every way and any way we can,” said Minority Whip Trent Lott, R-Miss. “If, heaven forbid, we can’t kill it by filibuster, the president will veto it and we’ll sustain that veto.”

STRATEGIC COMPROMISE RUMOR WON’T GO AWAY

As we reported earlier, there have been rumors that Democratic lawmakers plan a strategic compromise in the Senate:

There is some discussion on the Hill indicating that Democrats may be willing to compromise on card-check and possibly even arbitration in order to bring the measure to the Senate floor. This would be a mere strategic move, and not an abandonment of those provisions. The intent would be to get to the Conference Committee (where differing House and Senate provisions of companion bills are debated and a single legislative vehicle agreed upon for both houses to vote consider). Labor’s supporters would likely attempt to re-insert the compromised provisions during the Conference debate.

Our friends at the National Association of Manufacturers reported today that some EFCA proponents are saying the same thing publicly.

RECAP OF E THE MARCH 27 SENATE COMMITTEE HEARING

Written statements of the witnesses who testified at the March 27 Senate Hearing are now online:

• Former Front Range Energy boilermaker Errol Hohrein
• Prof. Cynthia Estlund, Professor, New York University Law School
• Dr. Lawrence Mishel, President, Economic Policy Institute
• Mr. Peter Hurtgen, Former Chairman and Member, National Labor Relations Board

A full length video of the Hearing (2 hours, 23 minutes) can be viewed HERE.

Thoughtfully, the AFL-CIO has posted a four-minute video collage from the hearing on YouTube (click HERE). Unfortunately, however, the constraints of brevity rendered the AFL-CIO unable to include the testimony of Former NLRB Member Hurtgen or any of the questions or statements made by Republican Senators.