March 24, 2009


The so-called "third way" proposed by management at Costco, Starbucks and Whole Foods seems to be picking up steam. I think that I agree with Publius from a couple of days ago.

Anyway, in thinking about the Whole Foods/Starbucks/Costco proposal, it’s worth remembering that the EFCA incorporates several distinct issues under one banner. Specifically, there are at least three: (1) the manner of the union election (secret ballot v. card check); (2) penalties for employer retaliation; and (3) binding arbitration after a specified negotiating period. On some of these issues, I think compromise is fine. On others, not so much.

The three companies are opposed to the provision allowing workers to form a union if a majority sign pro-union cards, without also having to hold a secret-ballot election, and they're opposed to the provision imposing binding arbitration when employers and unions fail to reach a contract after 120 days.

The Employee Free Choice Act would change existing law so that an employer must recognize its employees’ union when a majority of its workers has authorized union representation using majority sign-up. If you need to review it, an argument laying out why majority sign up is needed is here.

The EFCA has majority support in both the House and Senate, but may not have the necessary 60 votes in the Senate to stop a so-called filibuster. Not sure this whole thing will fly with the bill's main supporters but it is worth following up on the story.


  1. so, what topic does this fall under?

    déchets flottants

  2. flotsam indeed . . . but what about spectral buttholes?