Now that he’s officially President of the United States, one question businesses and unions alike are clamoring for Mr. Obama to answer is:  “What about the Employee Free Choice Act?”

Just prior to his inauguration, Obama was interviewed by the Washington Post.  Here’s a transcript, in which he makes some of his most detailed comments yet on EFCA . . .

President Obama’s Comments on EFCA

Question:  The Employee Free Choice Act — a timing question and a substance question.  In terms of timing how quickly would you like to see it brought up?  Would you like to see it brought up in your first year?  In terms of substance, the bills that you talked about in your floor statement on the Employee Free Choice Act problems with, uh, bullying of [inaudible] people that might want to join unions.  Is card check the only solution?  Or are you open to considering other solutions that might shorten the time, provide extra protections?

Obama:  I think that is a fair question and a good one.  Uh, here’s my basic principle — that, uh, wages and incomes have flatlined over the last decade.  Um, that part of that has to do with forces that are beyond everybody’s control:  globalization, technology and so forth.  Part of it has to do with the fact that workers have very little leverage.  Uh, and that larger and larger shares of our productivity go to the top and not to the middle or the bottom.  Uh, I think unions serve an important role in that. 

Uh, and I think that the way the Bush Administration handled the Department of Labor, the NLRB and a host of other, uh, aspects of labor/management relations put the thumb too heavily against the unions.  I want to lift that thumb.  Uh, there are steps that we can take other than the Employee Free Choice Act that will make a difference there.

I think the basic principle of making it easier and fairer for workers to join a union is important.  And the basic outlines of the Employee Free Choice Act are ones that I agree with.  But I will certainly listen to all parties involved including from labor and from the business community, which, you know, considers this the devil incarnate.  Uh, I will listen to all parties involved and see if there are ways that we can bring those parties together and restore some balance.

Um, you know, now if the business community’s argument against the Employee Free Choice Act is simply that this’ll make it easier for people to join unions and we think that’s damaging to the economy, uh, then they probably won’t get too far with me.  If their arguments are we think there are more elegant ways of doing this or — here are some modifications or tweaks to the general concept that we would like to see — uh, then that’s I think a conversation that not only myself but uh I think the folks in labor would be willing to have.

But, uh, so that’s the general approach that I’m interested in taking.  But in terms of the timetable, if we’re losing half a million jobs a month, then there are no jobs to unionize.  So my focus first is on those key economic priority items that I just mentioned.

Question:  First year?

Obama:  Um, you know, let’s see what the legislative docket looks like.  Um, I haven’t pre-judged this.  We haven’t really gone through — there are a whole slew of things that I’m very committed to — um, that if I can run on parallel tracks I will.  . . . 

I think both Harry Reid and Nancy Pelosi are deeply committed to acclerating that.  But just even in terms of the stimulus act, I mean some people were saying oh, you know, this thing kind of got slowed down.  He originally said we would try to do this by Inauguration Day and now it might slip to Presidents’ Day.  I mean, that’s a Herculean effort to just get all that stuff scheduled that needs to be scheduled in order to get any piece of legislation much less a piece of legislation that massive that wasn’t worked on in previous years to somebody’s desk to be signed.  So, you know, those are all constratins that I’m going to be operating under.

So, What Does This Mean?

Interestingly enough, Obama’s comments left both sides expressing relief.  The business community is feeling more and more hopeful that EFCA won’t make Obama’s “First 100 Days” priority list and that the secret ballot ban will be compromised away.  The union community is relieved to hear that EFCA is still very much in Obama’s plans, even if it may not make the 100-day cut.

The EFCA news isn’t all rosy for employers, however.  President Obama made it clear that he’s not open to considering arguments that increased unionization will be bad for the economy.  It’s also clear that unions will push hard for “EFCA” in some form at some point.  Union-proposed compromises are likely to include:

• accelerated elections (e.g., 5-10 days after petition);
• automatic card check with a “super majority” of signatures; and
• equal access to employees in non-work hours/areas.

Combine those with the mandatory contract arbitration and increased penalty provisions already included in EFCA and you still have legislation that would SIGNIFICANTLY boost union membership and power.

Click here for other reactions to the President’s comments.  Stay tuned for more.

This entry was posted on Thursday, January 22nd, 2009 at 5:00 am and is filed under EFCA, Employee Free Choice Act, Employment Law News, Unions. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.