Editorial: A misnamed power grab by labor

The fine art of giving official names to pieces of legislation is usually an exercise in propaganda and often enough verges on deception. But few legislative proposals bear as Orwellian a moniker as the so-called Employee Free Choice Act, also known as "card check," whose transparent purpose is to undermine free choice. And that might not be its worst aspect.

This proposal, formally introduced on Tuesday, is the centerpiece of the labor union agenda for this session of a Congress with the largest majority of Democrats beholden to labor in recent memory. It would provide that, if a majority of employees in a given company sign an authorization card, the union undertaking an organizing campaign will automatically become the designated bargaining agent. Under federal law for the last 70 years, employers have had the option of calling for a secret-ballot election before the union is certified. The Employee Free Choice Act proposal also provides that, if labor and management cannot agree on a contract within 120 days, a government arbitrator would intervene.

U.S. Rep. Jim Jordan, R-Urbana, was on target when he told The Lima News that card check is one of the proposals before the Congress that would harm small businesses, and thus further weaken the economy. We expect Rep. Bob Latta, R-Bowling Green, and House Minority John Boehner, R-West Chester, will be among a united Republican front in opposing this measure, but Republicans can't stop this measure in the House. There is some hope conservative Democrats and a near-united Republican front in the Senate will put an end to the Employee Free Choice Act.

Labor and business lobbyists (the latter mobilized by the U.S. Chamber of Commerce) swarmed Capitol Hill last week arguing for and against the bill. Both sides allege that the other side regularly engages in intimidation and dirty tricks during union organizing campaigns. Although we can't assess the credibility of the charges directly, it's likely that both sides have some truth on their side but that they exaggerate the situation.

It should be clear, however, that to whatever extent intimidation exists, holding an election by secret ballot is probably the best way to neutralize it and allow employees to express their true preferences without one side or the other (or both) staring them in the face (or worse). This proposal is about as transparent an attempt as can be imagined to tilt the playing field in favor of unionization. Today, only 7.8 percent of the private-sector work force is unionized, down from almost 21 percent in 1978, and unions clearly would like to get back some of the membership and dues they have lost over the years.

The EFCA commands a clear majority in the House, but things are more uncertain in the Senate where, because of filibuster rules, 60 votes would probably be required. During the last session of Congress, Pennsylvania Sen. Arlen Specter (who already faces the likelihood of a primary challenge) was the only Republican to side with labor on this issue. Moderate to conservative Democrats Mary Landrieu, of Louisiana, and Mark Pryor and Blanche Lincoln, both of Arkansas, are said to be shaky. Proponents are hoping that Democratic comedian Al Franken ultimately wins the endless recount in Minnesota, and will probably delay a vote until that race is settled.

If they wait forever, it would be best.