Democrats Move on Passing 'Card Check' Bill

Monday, March 9, 2009 7:16 PM

WASHINGTON - Legislation that would make it easier for workers to unionize will be introduced on Tuesday in the U.S. Congress, escalating a battle between Democratic lawmakers and corporate America.

Known as "card check," the legislation would let employees form a union if a majority of them in a workplace sign authorization cards.

That would change the present practice in which workers usually vote in elections on unionizing, although the bill would leave the election option open for employees to choose.

A bill will be filed in the House of Representatives by California Democratic Rep. George Miller, chairman of the House labor committee, said spokeswoman Rachel Racusen.

Iowa Democratic Senator Tom Harkin will file parallel legislation in the Senate, she said.

Passing "card check" is a top priority of labor unions, which in November helped President Barack Obama win the White House and the Democrats increase their hold on Congress.

In addition to authorization cards, the legislation would set timelines for first contracts between unions and employees, and raise fines on employers that violate employees' rights. It was approved by the House in 2007, but died in the Senate.

Supporters of the measure include President Barack Obama and Massachusetts Democratic Senator Edward Kennedy, chairman of the labor committee in the Senate.

Obama's support and increased Democratic majorities in Congress improve the bill's chance of full passage this year.

"I think they (Democrats) may have the votes here in the Senate and the House," Sen. John McCain, former presidential candidate, told CNBC television on the bill's outlook.

"I think it would have terrible consequences for one of the fundamental rights of all American workers... that's the right of the secret ballot," said the Arizona Republican.

For labor unions -- which have long complained that elections allow anti-union managers to intimidate and harass workers -- no bill is more important than card-check.

"Since 1935, workers have been allowed to form a union either through majority sign-up or a National Labor Relations Board election. However, employers can currently veto workers' decision to organize through majority sign-up and force them into a divisive NLRB election process," Miller said.

The bill "gives workers the choice of whether to form a union either through majority sign-up or a NLRB election," he said.

For U.S. businesses, which generally seek to minimize union representation, no bill is as widely opposed. Both sides are pouring money into campaigns for and against the bill.

Retail analysts have said Wal-Mart Stores Inc, Home Depot Inc, Lowe's Cos Inc, Target Corp and Macy's Inc face more unionization risk under EFCA.

Billionaire investor Warren Buffett, head of Berkshire Hathaway Inc, told CNBC on Monday that he is "against card-check, to make a perfectly flat statement."

Miller and Harkin have called a news conference for Tuesday to introduce their bills.

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