Card Check: Senator Kennedy’s Introductory Statement

Senator Edward Kennedy (D-MA), who did not take part in the introduction Tuesday of the Employee Free Choice Act, had his statement on S. 560 entered into the Congressional Record. You can read it here.

Senator Kennedy has a vision of how the binding arbitration provisions would work:

In the rare instance when the mediation process fails, the bill provides for binding arbitration, which will be handled by a panel of highly qualified arbitrators who have long experience in developing contract provisions that are fair to both sides. This type of arbitration is a tried-and-true method of resolving contract disputes that is already used in the rail and airline industries, and for public sector workers in at least 25 States. 

But the bill’s text:

 `(3) If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (2), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.’.

There’s no reference in the legislation to “highly qualified arbitrators who have long experience in developing contract provisions that are fair to both sides.” That’s a good hope, even a reasonable expectation, but we have no way of knowing how the Federal Mediation and Conciliation Service will handle binding arbitration, AKA government-mandated wages and benefits.

The House bill is H.R. 1409.

This Week On ‘America’s Business’

Americas-Business-logo.jpgThe so-called Employee Free Choice Act takes center stage this week on America’s Business with Mike Hambrick.

President-elect Barack Obama cosponsored this bill as U.S. Senator and organized labor has made its passage a top priority. Senator Saxby Chambliss (R-GA) is on the program to share his strong opinion on the bill, which would eliminate secret ballot elections in the workplace when unions attempt to organize a business.

Senator Chambliss said of the bill, “That’s the most dangerous piece of legislation that we may deal with in the session of Congress and I expect we will have it on our plate early in the process.” Chambliss also talked about his recent run-off victory in Georgia.

Here to explain some of the finer details of the Employee Free Choice Act is attorney Peter Kirsanow.  This former member of the National Labor Relations Board says the legislation contains provisions beyond the secret-ballot-attacking “card check” that could cause major headaches to business owners in America

The Employee Free Choice Act isn’t the only troubling labor bill on the horizon.  The Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act are also approaching.  With innocuous sounding names these bills sound good and just, but that just isn’t the story.  Here to explain what these bills could do to employers across America is Congressman John Kline (R-MN).

Back again for part two of a discussion on China’s economy and global impact is Atlantic Monthly’s James Fallows.

Find out about a small business that is doing very well by finding a large market by exporting.  We’ll speak with Ray Heelan, President of Allegheny Coupling Company in Warren, PA, to find out how to best start an exporting relationship with other countries

In our regular segments, Renee Giachino of American Justice Partnership gives us the latest on tort reform and commentator Hank Cox recalls “The Way It Was.” And the National Association of Manufacturers President Gov. John Engler will close the program with “The Last Word.” For more on America’s Business go to www.AmericasBusiness.org.

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