Democrats lose Senate supermajority: Where do unions go from here?

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in Employment Law,Human Resources

by Harold P. Coxson Jr., Esq.

When Republican Scott Brown won a January special election to fill the seat held by the late Sen. Edward Kennedy for 47 years, Democrats lost their filibuster-proof supermajority in the Senate. That shift—which means the Republican minority can now block most Democrat-sponsored legislation if they choose—has cast doubt on organized labor’s top legislative priority—the so-called Employee Free Choice Act (EFCA).

With Brown’s stunning victory, the still heavily Democratic Senate majority no longer has the 60 votes needed to automatically bring bills to the Senate floor for a final vote. Is this the end of EFCA?

Probably yes—at least as EFCA is currently written. As of now, EFCA proposes mandatory card checks in lieu of union-representation elections decided by secret ballot. It would also impose compulsory “interest” arbitration if 120 days of collective bargaining doesn’t result in a firs...(register to read more)

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