Capitol Hill

As the 110th Congress winds down, it is not surprising a number of labor-related issues remain unresolved after two years of tension between a Democratic majority in Congress and a Republican administration. As such, labor issues are likely to be high on the legislative agenda when a new Congress convenes in 2009.

Organized labor, led by the AFL-CIO, entered 2007 with high hopes for achieving several legislative priorities given the Democratic takeover of Congress during the 2006 elections. However, this optimism quickly was tempered by the reality that a razor-thin majority of Democrats in the Senate is not sufficient to pass legislation, especially with President Bush standing by with his veto pen.

Labor unions now are placing a large bet that electing Sen. Barack Obama (D-Ill.) as the next U.S. president and adding more Democrats in Congress—particularly in the Senate—will result in passage of their top priorities during the next two years.

Organized labor has several labor-related proposals on its wish list, all of which currently have strong support in the House of Representatives but have been stalled by Republican opposition in the Senate.

Organized labor's agenda

At the top of organized labor's to-do list is the Employee Free Choice Act (EFCA), commonly known as "card check" legislation. EFCA would allow unions to be recognized by the National Labor Relations Board (NLRB) when a majority of employees in a collective bargaining unit sign authorization cards, thus waiving the current NLRB-supervised secret-ballot process. The bill also would require binding arbitration if contract negotiations fail to produce a contract with a newly recognized union within 120 days and would impose stiff penalties on employers for violating federal labor law.

In 2007, the House approved EFCA by a vote of 241-185, but the bill died in the Senate when a 52-48 procedural vote failed to achieve the 60-vote threshold needed for passage.

Organized labor also is focused on compensation issues. This summer, the House passed the Paycheck Fairness Act (H.R. 1338) by a 247-178 vote. The act would allow unlimited punitive and compensatory damages for violations of the Equal Pay Act; make it easier to file large class-action lawsuits against employers; and make it more difficult for employers to justify legitimate pay differences.

Also in the area of pay discrimination is the Lilly Ledbetter Fair Pay Act (H.R. 2831), which would amend federal employment law to specify that the statute of limitations resets each time a paycheck is issued that could reflect a discriminatory decision made in the past. This legislation was approved by the House in 2007.

Another policy change organized labor is pushing is expanding the Family and Medical Leave Act (FMLA), which provides 12 weeks of unpaid leave for workers for a child's birth or adoption, to include mandatory paid leave and expansion of the types of circumstances that would enable employees to take such leave. Some observers believe this legislation's passage is a prelude to expanding paid FMLA leave to private-sector workers, as well.

Another priority issue for labor unions is the Re-Empowerment of Skilled and Professional Employees and Construction Tradeworkers Act (H.R. 1644), which amends the National Labor Relations Act (NLRA) to modify the definition of "supervisor." Among other things, the bill would narrow the definition under NLRA, making more employees eligible for union organizing.

Reversing the trend

Organized labor is working to help Democrats pick up five to eight seats in the Senate during this year's elections with the belief that the aforementioned bills and other union priority legislation can be sent to the president to be signed into law during the next Congress.

The AFL-CIO is spending millions of dollars on behalf of Obama and scores of Democratic congressional candidates in an effort to establish a political landscape that will enable it to achieve its goals through legislation.

Duane L. Musser is NRCA's senior director of federal affairs.