In last week’s AMN Survey, we asked: Do you support the Employee Free Choice Act (EFCA), also known as "Card Check"? The majority of respondents, 79 percent, said no; while just 21 percent said yes.

The proposed EFCA would replace traditional union voting by private ballot with a system of card checks, which would allow a union to organize if a majority of workers sign the card. The process would be overseen by paid union organizers and each worker’s choice is ultimately made known to their employer, co-workers and the union organizers. EFCA also contains a provision that mandates compulsory, binding arbitration on the employer and the employees as part the collective bargaining process if an agreement cannot be reached within the first 120 days of negotiations. This provision would permit a third-party government official to impose terms of a labor contract that are binding upon both parties, even if one or both parties find those terms unacceptable. Under this provision, unionized employees could find themselves with no say in the imposition of a contract that could have a major impact on their livelihood, according to opponents of the bill.

The bill was introduced in the House earlier this month with 223 co-sponsors; it was introduced in the Senate with just 40 co-sponsors. Last week, it was announced that Senator Arlen Specter (R-Pa.), who was previously in favor of the bill, is now among those opposed to the Employee Free Choice Act. Specter said he will vote against a procedural move to bring the legislation to the Senate floor. Specter’s decision now makes 41 Republican votes against “Card Check.” During the last Congress, the bill passed the House but gained only 51 votes in the Senate (Specter’s vote among them), which was not enough for cloture.

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