When the presidential candidates meet in a town-hall format tonight, economic issues will be front and center. John McCain has struggled to find his voice on the economy and his poll numbers have sagged.
But if McCain is searching for a fresh line of economic attack that could resonate with both independent voters and the business community, then making an issue of Barack Obama’s support of one-sided labor law changes could be fruitful territory.
The major piece of labor law legislation that the next Congress will consider is the Employee Free Choice Act (EFCA). Unfortunately, very few businesses and independent voters appreciate just how radical EFCA is.
The bill would essentially eliminate secret ballot elections in the workplace and allow unions to organize employees through an alternative method, called “card check.” Under card check, unions would only have to persuade a majority of employees to sign a card � out in the open � stating their intention to join a union.
The public nature of card check campaigns would allow organizers to pressure and brow-beat employees. Employers would also be forbidden to communicate with their employees about the pros and cons of unionization.
On top of that, the bill even allows for government mediators to set wages and benefits for first union contracts, meaning that bureaucrats far removed from the day to day operation of a business would control the most important human resources decisions of a company.
Whatever one’s feelings on unionization, there is a serious question as to the wisdom of such a large-scale change in the midst of significant economic headwinds. John McCain has opposed EFCA, while Barack Obama said he would sign it into law.
The McCain campaign has been silent on the issue, limiting their economic attacks to Obama’s tax and spending policies. While these are important areas, the campaign might be wise to make more of Obama’s support of EFCA.
For starters, such an enormous re-writing of long-established labor law is nothing but political payback for Obama’s ultimate special interest group � organized labor. Highlighting this connection shows again that Obama is reluctant to take on members of his own party when it really counts.
McCain has a powerful argument to make on the merits of the legislation too, especially in the face of an economic crisis. Drawing attention to the issue should frighten business owners � both large and small alike.
Businesses that are struggling through this economic crisis now could see their gravestones erected if sweeping, one-sided changes to labor law are enacted. If they think that lacking credit in a slow economy is bad, how about having your workforce unionized overnight, and your wages and benefits set by some bureaucrat in Washington, DC?
Workers too are skeptical about the legislation. Opinion polls have found everyday workers overwhelmingly opposed to any legislation that eliminates secret workplace ballots. People like the privacy of knowing that neither union organizers nor their boss will know how they vote if unionization becomes a workplace issue.
While the issue might sound complex, the bottom line isn’t. McCain favors secret ballot elections for workers. Obama favors the elimination of secret ballots and a new system that will allow every union organizer to know exactly how a person feels about unionization in their workplace. What argument sounds more appealing to an independent voter, possibly skeptical of unions to start?
The downside risk to McCain is that he might offend union members that would possibly back him, especially former Hilary Clinton supporters. But not all union workers are in favor of eliminating secret ballots. The idea is more popular with union leaders who aren’t going to support McCain anyway.
Nobody expects that changes in labor law will decide the election. But changing labor law in a radically pro-union way will have an effect on the larger economy for both businesses and workers � a change that might not be welcome in light of our current economic crisis.
McCain would be wise to remind voters of which candidate is standing up for what’s fair and which candidate is bowing to a key special interest group on critical legislation that could impact the economy for years to come.
Bryan O’Keefe is a labor policy consultant.
