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Reading the Senate Tealeaves on the EFCA

No additional co-sponsors have been added to S. 1041, the Senate version of the Employee Free Choice Act , since the measure was introduced by Senator Edward Kennedy on March 29, 2007. As we noted earlier , 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), Senator Ken Salazar (D-CO), and Senator Ben Nelson (D-NE) have not signed on.


The Politico, a Washington, D.C. paper, reports that Democratic officials claim:

[T]hey have 47 Democratic co-sponsors, and one of the four remaining uncommitted Democrats has offered private support for now. So now the unions are working on 12 Republicans they say are in play. The only Republican so far to back the bill is Sen. Arlen Specter of Pennsylvania.

Senator Specter (R-PA), has not, however, co-sponsored the bill as he was expected to do.

Politico does not name the other Republicans, but other publications have identified the following prospects:

    • Wayne Allard (R-CO)
    • John Sununu(R-NH)
    • George Voinovich(R-OH)
    • Richard Lugar (R-IN)
    • Chuck Hagel(R-NE)
    • Elizabeth Dole(R-NC)
    • Lamar Alexander (R-TN)
    • Gordon Smith (R - OR)
    • Ted Stevens(R - AK)
    • Susan Collins(R - ME)
    • Olympia Snowe (R - ME)
    • Norm Coleman (R-MN)

Politico also does not identify which of the four uncommitted Democrats has allegedly offered “private support.” Senator Ben Nelson is the least likely candidate, having never been counted as even remotely interested in the bill.

The Hill, another DC-insider publication, suggests that Senator Salazar has been getting some pressure from organized labor:

Salazar is one of only four Democrats who have not cosponsored the Employee Free Choice Act, which would make it easier for labor unions to form nationally and thus represents labor’s No. 1 priority in this Congress. Salazar sponsored nearly identical legislation last year, and is the only Democratic cosponsor from last year who is not a sponsor this year.


Representatives of the Colorado AFL-CIO met with Salazar over the weekend to discuss his position but received no commitment from the senator, sources said. Still, one labor source expressed confidence that Salazar might vote for the bill on the Senate floor even if he does not cosponsor it.

This source also said Salazar may be trying to position himself as a possible mediator between labor, business and Ritter over the convention. If so, Salazar might not want to complicate those talks by taking a current position on the Senate labor bill, which business is working hard to defeat, the source said.

Senator Lincoln has been a champion for Wal-Mart on other recent legislative proposals. The Harvard Political Review reports:

Senator Blanche Lincoln (D-Ark.), a recipient of a $100,000 Wal-Mart contribution for her successful senatorial campaign, recently declared herself a Wal-Mart supporter. This is a clear advantage for the company, as legislation related to Wal-Mart’s finances approaches the Senate floor. While many of her Democratic colleagues are opposed to this bill, which would allow Wal-Mart to operate as a bank, Lincoln has been working to support both the legislation and the company. As Lincoln said with an interview with the HPR, “Wal-Mart is the world's largest retailer and by far the largest employer in our home state of Arkansas. I enjoy an open line of communication with Wal-Mart's representatives, and I know they look forward to building upon the working relationships they have formed as well as fostering new relationships with members of the 110th Congress.”

On April 3, the Washington Post noted another high-profile connection between Wal-Mart and Senator Lincoln:

Last Tuesday evening, the world's largest retailer sponsored a fancy reception in the Capitol's LBJ Room off the Senate floor to celebrate a yet-to-be-completed documentary about female members of the chamber called "14 Women." The film's three producers include Mary Lambert, the older sister of Sen. Blanche Lincoln (D-Ark.), and Nicole Boxer, the daughter of Sen. Barbara Boxer (D-Calif.).

[NOTE:  No word on whether Wal-Mart or Ms. Lambert had anything to do with the recent Penn & Teller Showtime program on Wal-Mart haters (Full length adult-only video HERE ; somewhat cleaner preview HERE ).]

Meanwhile, the Administration’s position on the EFCA is unchanged. According to the Portland (ME) Press Herald, Labor Secretary Elaine Chao repeated that position at the annual Construction Expo of Maine on April 12:

Chao said the Bush administration opposes the bill because it would remove a worker's right to vote in a secret election, a process in place to protect workers from "coercion or harassment in unionization elections."

Chao said President Bush will veto the bill if it gets to his desk.

"Although this title sounds empowering, the bill does just the opposite," Chao said. "It effectively takes away a worker's right to vote in a private-ballot election. Under the card check process, it is possible that nearly half the workers in a workplace might not even be aware that a union-organizing campaign is going on."

Chao said the bill also would have the government force a two-year labor contract on workers and employers if a contract was not agreed to within a congressionally set timetable.

"Workers would not have any right to ratify, or not ratify, the contract," Chao said.

Labor’s recent tone indicates that it is preparing for defeat, as noted in The Politico.

"Major pieces of legislation aren't enacted overnight," said Bill Samuel, the AFL-CIO's legislative director. "It may take more than one Congress to do this. The momentum building suggests this is eventually going to become law."

The next steps are still undetermined. Senate staffers informed EFCA Updates that supporters may skip Committee mark-up and take the measure directly to the Senate floor during early May.

Posted on Friday, April 13, 2007 at 05:22PM by Registered CommenterEFCA Updates in , | Comments Off