ABA Applauds U.S. Senate for Defeating

Union-Backed Card Check Bill

“Employee Intimidation Act” Fails Procedural Vote in the Senate

Senate Republicans today derailed Democratic efforts to call up House-passed legislation that would make union organizing as simple as circulating a petition.  A motion to end debate on proceeding to the misnamed Employee Free Choice Act (H.R. 800) failed 51-48, nine votes short of the 60 votes needed to invoke cloture.

“Defeating this bill is a victory for all baking industry employees, and ABA thanks those Senators who voted to protect the right to privacy for the American workforce,” said ABA President & CEO Robb MacKie.  “The tremendously broad response by bakers across the nation sent a resounding message to Senators that this kind of politically motivated legislation will not be ignored by the watchful eye of the business community,” Mr. MacKie said. 

Every Senate Republican, with the exception of Arlen Specter (R-PA), voted to kill the card check proposal representing the 48 votes.  Independents Joseph Lieberman (I-CT) and Bernie Sanders (I-VT) voted alongside Senate Democrats to proceed with stripping worker privacy rights.  The lone Senator who did not cast a vote was Tim Johnson (D-SD), who is recovering from brain surgery. 

“Though it is unlikely card check will be enacted during the 110th Congress, this will remain an on-going battle,” said ABA Director of Government & Political Affairs Kelly Knowles.  “With so much on the line, big labor is taking a long-term strategy and next year’s presidential election will be critical, along with the potential for additional Democratic gains in Congress.  Bakers must stay engaged on this issue and keep labor’s momentum quelled,” Ms. Knowles said.

The bill defeated today would require the National Labor Relations Board to certify a union if a majority of employees the union is seeking to organize sign authorization cards.  This would eliminate the long-standing National Labor Relations Act requirement for federally-supervised secret ballots in union elections. The legislation also includes other onerous provisions such as compulsory arbitration of first contracts.

ABA is leading the baking industry’s fight against the card-check proposal. Among other activities, ABA is a member of the Coalition for a Democratic Workplace; a broad based business group formed to oppose the legislation.

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