An EFCA Advisory on WaPo's "Topic A": Predictions on EFCA's Future

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WaPo's "Topic A": Predictions on EFCA's Future

Sunday’s Washington Post featured the future of EFCA in its "Topic A" -- a semi-regular column in which the paper asks relevant figures for their insights on a particular hot issue. The piece begins:

When Sens. Arlen Specter and Blanche Lincoln announced their opposition to the Employee Free Choice Act, some forecast the end of labor reform. The Post asked lawmakers, labor leaders and others what's likely to happen.

With all due respect, anyone who believes that Sens. Specter and Lincoln announced the "end of labor reform" has not been paying much attention at all. The filibuster seems well preserved at this moment in time. Yet, it has been obvious to those watching EFCA over the past several years that some form of labor law reform was inevitable in this Congress, but that moderates were likely planning to use their leverage to begin a more reasoned, constructive discussion to that end. The EFCA's more offensive provisions may or may not yet be dead, but the past few weeks have shown that there are a variety of potential alternative measures that will be cast into the debate over labor law reform. Employers must remain involved in the discourse and be prepared for some significant changes.

The WaPo 's piece highlights many of the possibilities, via the opinions of politicians, labor leaders, and scholars connected to the debate. Read the entire piece for perspectives from:

• John Sweeney, President, AFL-CIO
• Elaine Chao, Heritage Foundation, Former Secretary of Labor
• Sen. Arlen Specter (R-PA)
• Sen. Tom Harkin (D-IA)
• Lanny J. Davis, Counsel to Level Playing Field Committee 
• William B. Gould, Former Chairman, NLRB
• Larry Cohen, President, Communication Workers of America
• Professor David Brody, UC-Davis
• David Bonior, Chairman, American Rights at Work

Many of the alternative elements discussed in these pieces have been previously outlined in our white paper "The Employee Free Choice Act in the 111th Congress" and our recent guest column in Law 360, "What's Next for EFCA?" Employers would be making a tragic mistake to assume that the developments of the last few weeks mean "the end of labor law reform."

Quite to the contrary.