WASHINGTON — Organized labor is nearing a deal to salvage legislation that could aid the union movement, but it had to drop “card check” — a key component of the original bill that would allow workers to form a union by signing cards instead of holding a secret ballot vote.
A Democratic official familiar with compromise talks on a bill to make forming union easier says union leaders are willing to drop the politically volatile “card check” plan to win over wavering Senate Democrats.
The official spoke on condition of anonymity because negotiations are still ongoing.
A half dozen Democratic lawmakers have spent weeks in closed-door meetings trying to work out a compromise version of the Employee Free Choice Act that can muster the 60 votes in the Senate needed to overcome a GOP filibuster.
That process took on more urgency last week as Minnesota Democrat Al Franken was sworn into the Senate, providing Democrats 60 seats when two Democratic-leaning independents are included.
The goal is to win over a handful of Democrats — such as Sens. Blanche Lincoln of Arkansas and Dianne Feinstein of California — who have said they have problems with card check and other parts of the bill. Those lawmakers and others have faced enormous pressure from business groups vehemently opposed to the bill.
Card check would allow employees to form a union as soon as a majority of workers sign cards supporting it. Under current law, an employer can insist that workers vote by secret ballot.
While giving up on card check is a setback for organized labor, a reworked bill would still offer a major overhaul of labor laws to help unions sign up more members. The bill calls for binding arbitration if a new union and management can’t agree on a first contract and stiffens penalties on businesses that threaten or intimidate workers trying to form a union.
Sen. Tom Harkin, D-Iowa, has been leading the compromise talks with five other Democratic lawmakers — including newly converted Democratic Sen. Arlen Specter of Pennsylvania — in hopes of reaching an agreement that could get 60 votes.
Harkin spokeswoman Kate Cyrul would say only that “negotiations continue, but we don’t have agreement on anything until we have agreement on everything.”
The talks allow unions to get a vote on something that can pass and achieve some goals.
Businesses groups that have spent millions on ads and lobbying campaigns railing against card check say its removal would not change their position. While card check has dominated the debate, business leaders say they were always more concerned about binding arbitration.
“We would remain adamantly opposed the bill regardless of whether the card check provisions remain in or out,” said Randel Johnson, the U.S. Chamber of Commerce’s vice president on labor issues.
“We’ve always made clear in every letter and meeting on hill that the arbitration provisions are completely unacceptable to us,” Johnson said.
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