In our ongoing efforts to monitor developments pertaining to the Employee Free Choice Act, members the Kilpatrick Stockton Government Relations team continue to work their considerable contacts from both parties on Capital Hill. In addition, members of the firm’s Government Relations and Labor & Employment teams met this week with a high-level Senate staffer involved in opposition strategy.

There has still been no official action on the Employee Free Choice Act since Senator Kennedy (D-MA) introduced the Senate version on March 30, three days after holding what will likely be the only hearing conducted by the Senate Committee on Health, Employment, Labor, and Pensions (“HELP Committee”). Both sides continue to keep their Senate strategy fairly quiet, but, as noted below, some aspects of their planned approach are becoming more apparent.

Amendments: The aforementioned staffer assured us that the opposition does not plan to attempt to “weaken” or “improve” the bill through amendments -- they hope to defeat it altogether and as is. (Click here to see the list of amendments that were rejected during the House proceedings.)

No veto necessary: Key Senators have stated that they do not intend to require the President to veto the bill but plan defeat it in the Senate Chamber.

Temporary surrender on card check: There has been speculation for several weeks that EFCA proponents would seek Senate passage of the remedial provisions only and then seek to restore card check and interest arbitration during conference with the House. Some on the Hill now believe that labor may be on the verge of giving up on the conference strategy and would accept enactment of the remedial provisions only.

Next step: Our contacts continue to believe that Senator Kennedy will not hold a mark-up session in the HELP Committee but will send the bill directly to the floor sometime in May. Some believe that, in light of the almost certain Senate defeat, it is still possible that the legislation will die without any further action, but it seems unlikely that the labor lobby would permit that outcome.

Seth Borden, a partner at Kreitzman Mortensen & Borden in New York, attended the above-described meeting with Kilpatrick Stockton and offers his take HERE.