A co-sponsor of the Employee Free Choice Act back in 2007, California Senator Dianne Feinstein is, sadly, now the lone holdout among those previous co-sponsors in the state’s Democratic delegation in Washington. Feinstein has issued a statement saying that she likely won’t support the Employee Free Choice Act in its current form.
Isn’t it shocking? We have a President who campaigned saying he will sign the legislation if passed by Congress, but in the same week that retail giants propose a gutted "third way" for employees to organize, DiFi decides to seek a compromise with agriculture and business interests!
“I have thought for some time that the way to approach this issue is by trying to see if there can’t be a compromise between the business community, the agriculture community and labor. This is an extraordinarily difficult economy and feelings are very strong on both sides of the issue. I would hope there is some way to find common ground that would be agreeable to both business and labor.”
Senator Tom Harkin has already perforated this "oh, noes, the economy!!" silliness we are hearing from Free Choice opponents old and new:
"In 1935, we passed the Wagner Act that promoted unionization and allowed unions to flourish, and at the time we were at around 20 percent unemployment. So tell me again why we can’t do this in a recession?" said Sen. Tom Harkin (D-Iowa), invoking the pro-labor changes of the New Deal. "This is the time to do it. This is exactly the time we should be insisting on a fairer playing field for people to organize themselves."
Any Democrat who says the economy is the reason not to pass Employee Free Choice is listening to the wrong constituencies.
Because of Sen. Specter’s announced opposition, the Employee Free Choice Act faces an uphill battle. But at the very least, Californians should expect that all of their representatives in Washington would understand the need to strengthen unions as a means to strengthening the overall middle class, increasing wages and BOOSTING, not hurting the economy.
The Courage Campaign has launched a letter-writing campaign called Which Side Are You On?
Dear Senator Dianne Feinstein,
In this time of economic crisis, we are distressed to hear that you have not yet endorsed the Employee Free Choice Act, especially as conservatives launch a massive campaign to discredit and oppose the bill.
The Employee Free Choice Act, which you co-sponsored and voted for in 2007, is a centerpiece of progressive efforts to help working Americans recover from this economic crisis. As in the Great Depression, the best way to rebuild the middle class is to allow workers to form unions. Workers covered by a union contract have better wages and benefits. Non-union workers benefit from these higher standards when unions are strong in their areas.
We, the undersigned, call upon you to endorse and to co-sponsor the Employee Free Choice Act. We ask that you join President Barack Obama, Senator Barbara Boxer, the entire California Democratic delegation in the House of Representatives, members of labor unions and progressives across America in ensuring that this act becomes law in 2009.
Join the Courage Campaign’s letter here and also email Senator Feinstein here.
California Democrats expect our Congressional delegation to be unanimous on this legislation. Why would our senior Senator go wobbly when passage is looking more likely every day? This isn’t a train to miss: Dianne Feinstein needs to make the right choice on Employee Free Choice.



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Hi Teddy!
And Strike!
Why would our senior Senator go wobbly when passage is looking more likely every day?
Too many gin & tonics?
A DiFining moment.
Believe me, Teddy, Feinstein has already heard from me. I never seem to hear back from her, though, whenever I disagree with her. Never heard back on my Mukasey rant either.
It’s just a hiccup on the way to passage.
Foot-stomping baby fitPayback for the “Panetta-blindside,” I’m guessing. Plus, if she wants to be Gov of CA, she needs to convince SoCal that she’s no Lefty (like NorCal doesn’t already know that).Simply put, DiFi has put herself in a position (he own flavor of bipartisanship) to throw elbows at anyone she wants, and Democrats, as we all know, are the easiest targets.
I’m not sure if she learned it from McConnell, or if she taught him.
And Dugg right here, Teddy!
DiFi must be impelled by the “Fee Market” spirit.
You know, No rules, anything goes. Except laws that suppress employees choice.
Companies are in there own unions. They band together and chip in funding to lobby to suppress workers rrights with laws that bind them.
With friends like DiFi, who needs enemas?
difi should just make it official and announce that she is a republican
If I was the cynical type I might draw the conclusion that our elected officials don’t have the best interests of American workers at heart. Fortunately I’m not cynical…
Good evening, all.
Nate Silver makes the point that finding a Chamber-approved position on Employee Free Choice may very well indicate that Feinstein is positioning herself among a more liberal field in California’s gubernatorial primary next year.
I am shocked, shocked I tell you! DiFi sell out to big money corporate interests? I just cannot imagine how that could have happened. /s
Thanks for the Digg, newtonusr!
really?
“One of these things is not like the others, one of these things just doesn’t belong…”
Maybe we could convince DiFi and my senior senator (Mad Max Baucus) to take a permanent fact finding tour in the eastern Congo.
Hard too imagine why she (or anyone else) would want to be governator. Even Superman couldn’t set the CA engine back on the rails.
You are right, of course, but her blatant flip-flop on this is quite public.
Usually, she’s more, um, consistent in her corporate allegiance. I guess I’m actually surprised that she co-sponsored Employee Free Choice in 2007. But then, there was no chance of it becoming law, was there?
She finished herself off in my mind when she rolled over for Mukasey. She’s just another god-awful whore working the halls of congress. Here’s the money trail:
http://www.opensecrets.org/pol…..=N00007364
I’ve heard it said that she’s considering a run for governor. If that were to happen, she will surely lose against whatever right-wing horror the Reps decide to put up against her. The choice: Tweedle Dumb and Tweedle Dumber.
We’ve gone back and forth about how much less damage DiFi would do as CA Gov, and there’s some truth to that. I guess she couldn’t resist the urge to do as much damage on the way out of Washington as she could. Swan Song.
Ask Wal-Mart
Maybe they should institute a sanity test for voters in OC and several districts in eastern CA.
Lots of senators I’d prefer to lose before DiFi (that’s right, I”m looking at YOU, Evan Bayh).
just like when she ran last time and lost to pete wilson:
We could send the whole Senate Wanker Caucus along as well.
Sounds like a reasonable alternative to gerrymandering.
If the Demo party is stupid enough to run her in California, she could very well lose against whatever freak show right winger the Reps decided to run. Not that we’d be able to tell much difference…
Perhaps our best bet would be to cede total control of the legislative branch to Dennis Kucinich.
DUGG!
I lost all respect for DiFi a long time ago. she sold out to big money and Corporations so long ago, it is time we Californians woke up and throw her out of office she has betrayed so many times, Like on FISA! I could never vote for her to be Governess, I hope Jerry Brown throws his hat into the race. Now he is a Democrat I could/would vote for!!!
If?
Does the name Angelides mean anything? The CA Dem party is brimming with hacks and tools, and little else.
She is, by comparison, a breath of fresh air. Which is why she can win.
I dunno, you might get somebody REAL good. Do Palin or Plumb-Joe have time to establish residency?
My prediction is: if she runs, the nomination and the office will be hers in 2010.
“The CA Dem party is brimming with hacks and tools, and little else.”
Definitely true. Who would she be running against?
Sure we could if we got rid of that ridicules rule about two thirds needed for taxes or a budget! Hopefully there will be a ballot initiative to vote on in the near future, this is just killing this state for all our kids and the poor.-
They’re probably going to be busy ramping up their bid for the WH in 2012. Do you suppose Joe the Plumber can see Putin’s stopped up kitchen sink from Alaska?
LA Mayor Villaraigosa, and who knows – Bustamante may try again. He is corrupt to the bone.
I would vote for Garamendi. He’s a bit of a doofus, but he is a relatively straight-arrow.
SF Mayor Newsom, LA Mayor Villaraigosa, Attorney General and former Governor Jerry Brown — and that’s just the primary. Of course, at least one (Gavin) would likely step aside should she run. Probably Villaraigosa too.
What Republican might she be running against in the general election?
Probably not since it would require removal of his head from his ass. That super-sized noggin looks like it would make a vapor-lock inevitable.
Jeez, how could I forget MoonBeam? But we love us some Jerry Brown.
Good point.
And Garamendi.
i could see brown taking on difi in the primary
Sounds crazy, but I think Lungren is gonna try again. McClintock is thought of as a wanker by all but a very small but dynamic clique of complete whackjob Goopers.
“Moderate” GOPs former Congressman Tom Campbell as well as mega-millionaires former HP chief Carly Sneed Fiorina and former eBay head Meg Whitman. All three Silicon Valley types, leaving room for a SoCal hard-right conservative to sweep it.
I gather his previous stint as governor doesn’t count since it predates the imposition of term limits?
Whitman. Right.
Zombie Reagan might be a shoo-in.
From Brown’s wiki bio:
i dunno – i think it started everyone with a zero slate as of the day it became law? or i could be mis-remembering
Zombie Reagan is always a shoo-in with Republicans.
Who’s Zombie Reagan? Are we talking about Michael “Dipshit Radio Guy” Reagan?
He was already pretty zombified during his 2nd presidential term, so at least they’d know what they were getting.
Guess I’ll head out. Nighters to all.
Reanimated corpse of St. Ronnie, infinitely preferable (even for progressives) to Michael.
Night.
ShotoJamf – Zombie Reagan is the reanimated corpse of Ronald Reagan, indistinguishable from the original.
She isn’t going to be governor, anyway. Too many of us wouldn’t vote for her in the primary, and if she got past that, well, I don’t think she can handle the job.
Hey…that could work. That would be about a toss-up against DiFi…
g’nite ratfood
The LA Times ran an editorial today talking about how EFCA would eliminate the secret ballot. With media help like that, no wonder it’s losing support. (I let them know they were wrong.)
A hundred million dollars of her own money will go a long way to overcoming her humdrum public persona.
she’s always been a self-interested sell-out. u can thank this scumbag also for mukasey.
Z
I guess having a billionaire hubby makes it hard to vote for labor. Ms. Feinstein is a Republican in blue hair dye. I hope California opts for a credible, progressive Democrat to replace her at the first opportunity.
has difi ever voted on the d side when it really mattered? fisa? no. mukasey? no.
Time for us to make sure she doesn’t get the nomination. Newsom or Garamendi are my choices.
I’d work for moonbeam over difi.
Without going back to the record to look at her votes, my impression is that she’s been consistently for the assault weapons ban and firmly pro-choice.
Now go prove me wrong. It wouldn’t surprise me one bit.
What about kid Reagan? What’s his name??? I can never get a sense of him though. Sometimes he seems fine, and sometimes like a nut.
Sometimes he feels like a nut…
if i was still in ca, i would too. moonbeam represents the people – which has always stuck in the craw of the rest of the party.
When I moved from Memphis to San Francisco I was amazed at how conservative the power structure was in SF. DiFi road the coattails of the Moscone/Milk assassinations to power. How she continues to get reelected has always astonished me. I am rambling and ranting. Fuckery.
The LAtimes used to be a good paper. Then they were bought. They won’t last long though.
Did you all see that HuffPo is hiring 10 investigative reporters? That could be good.
Isn’t there some smart Hollywood type who could take Difi on? Clooney or Penn?
ah-nold has dimmed the appeal of hollywood actor turned gov.
Between them and TPM we may actually be seeing the birth of the new media everyone keeps talking about.
Moonbeam is also good.
I don’t want another movie star in government from California. I don’t care who it is. Fine me a good comedian and I might go along with that.
Think I will head off to bed. Take care all.
Yup.
Jerry is the people’s man.
Thanks for the great post Teddy.
Sarah Palin is a Zombie Reagan. Johm McCain, father of a black child, was a Zombie Reagan. Mitt Romney is a Zombie Reagan Wanabe. Fred Thompson is a Double Zombie Reagan Wanabe.
g’nite dr dick
Mitch McConnel is a double cream puff zombie reagan wanabe.
Hi Betsy!
they are all scrooges
With Larry Craig’s appetite for young men that somehow remains a secret.
How goes it my friend?
I don’t think it is a secret in Washington of DC.
Dugg it
Learning to tell all of the world’s governments to get the F out of my computer. I am, no doubt, getting myself on more lists.
请离开我的计算机。
Пожалуйста выйдите моего компьютера.
Sortez svp de mon ordinateur.
Salgan por favor de mi computadora.
This is true. But, can you imagine the voters of Kentucky being privy to McConnell’s sexual preference?
I think there was talk of his sexuality in Kentucky during this last election cycle. Apparently, if you are a republican hack the lies you tell your citizens don’t matter. He is a lying republican hack but he is their lying republican hack.
But, but, but — he’s MARRIED!
Speaking of spouses, you all do know the Newsoms are expecting, right?
aaaaahhh.
I like Mr. Newsom.
Don’t forget, Mrs. Blum is an aristocrat before all other things.
and what do you call your act?
i didn’t but i’m sure the flyer of the sweet gavin family, complete with baby, is already being drawn up.
Talk, perhaps. The opposition did not sufficiently drive and hammer the issue for lack of funds (perhaps they were fearful). Penetration was key.
That we did not take that seat was unfortunate for us. McConnell is a gifted bullshit artist.
Isn’t that illegal in Kentucky?
His wife’s most recent acting adventure bombed quite badly, so I think that’s over. She’s on Channel Five at 7:20 one weeknight with a veteran newscaster; they do a feature-type seven-minute program. I think her bigtime acting aspirations are probably done.
“When seeking office, the aspirant must pretend to be what he is not. After seizing power, he should impose his agenda quickly and ruthlessly before his subjects realize what he is doing and have time to react.”
I heard Mitch loves ASS…. the four legged kind /s
So’s Crist.
late late nite upstairs
That would give him a decade or two in Kentucky.
(sorry, couldn’t help myself. I have been saying nasty things about southerns all night. sorry)
Expecting what?
Depends on your position (missionary, only), marital status and if indeed you are en flagrante with your marital partner.
A little Newsom!
It is indeed a tremendous political problem. Except for the Palin/Alaska stories and the Texas school book story the events in California are most important, challenging and entertaining to hear of from a great distance.
I’m leaving out, of course, the NYC Wall St. stories since they have global significance rather than only state or national import.
As the eighth largest economy in the world, California’s problems are, in fact, quite global in reach.
.
I’ve had my doubts about her ever since she gunned down Milk & Moscone during her bloody coup in San Francisco, and blamed it all on White. I can’t figure out how she got away with that.
Connections?
She may have been the biggest corporate whore ever to be mayor of Shakeytown.
.
For which there is a very good reason.
Thinking Outside The Box to Get The Employee Free Choice Act EFCA Passed
http://efcanow.blogspot.com/
Over the last few weeks while many corporate front groups like the Coalition For Democratic Workplace, Save our Secret Ballot and the U.S. Chamber of Commerce Smile and grin on the fact that Senator Arlen Specter (R – PA).and Sen. Dianne Feinstein (D-Calif.) have retreated from supporting the Employee Free Choice Act (EFCA) in its present form, both labor leaders at the forefront of this fight and George Miller (D – CA)., Senator Edward M. Kennedy, and Sen. Thomas Harkin [D-IA] must start thinking outside of the box to get the Employee Free Choice Act EFCA passed.
One way to do this is to introduce separate bills in both the House and the Senate based on some of the provisions of the Employee Free Choice Act (EFCA)since both Senator Arlen Specter and Sen. Dianne Feinstein (D-Calif.) have indicated they would seek alternative legislation that was less divisive.
By separating the Employee Free Choice Act into mini bills vs. its entirety the big business corporate front groups would have less to attack and their biggest gun the elimination of the “Secret Ballot” would be fought on another street corner while mini bills would be introduced.
Peter N. Kirsanow a former member of the National Labor Relations Board from January, 2006 to January, 2008 under the Bush administration stated in his recent blog;
Senator Specter signaled a receptiveness to possible amendments to the National Labor Relations Act (”Act”) that purport to remedy what he perceives as defects in the current system. In fact, he’s detailed several of the changes he’d like to see.
These include, among other things, “quickie elections” that would be conducted between 10-21 days of the filing of a union election petition, a form of “equal access” that would give unions access to employees on employer premises, enhanced penalties for unfair labor practices, and expedited bargaining schedules imposed by the NLRB. He also appears open to “last best offer” arbitration of contract terms.
Furthermore, Senator Specter didn’t rule out reconsidering EFCA if reforms to the Act aren’t implemented or if the economy improves.
The timing of Senator Specter’s remarks is interesting. When EFCA was reintroduced in both Houses two weeks ago, Senator Harkin repeatedly invoked “equal access,” as if to signal a possible compromise based on that concept
Consequently, wavering senators may now be more inclined to vote for the remaining provisions of EFCA, plus quickie-election/equal-access provisions that make union organization almost as easy as card check.
Senator Specter’s announcement merely concludes Round Two according to Peter N. Kirsanow.
So Now Lets take Peter N. Kirsanows advice and think outside of the box. What could these mini Employee Free Choice Act (EFCA) bills look like?
Here are just a few I come up with:
1. Majority Sign up based on a dual card membership card.
Under this proposal the employee would choose either to have his union membership card be used for a petition to be filed on his behalf by a labor organization to conduct a secret ballot election by the National Labor Relations Board or he or she may desire to waive their right to a secret ballot election by indicating that they wish to have their union membership card be used for the purposes of having a card check under the Employee Free Choice Act (EFCA). Press Here for more on this.
In either case it is NOT the Union, Management, nor the National Labor Relations Board who decides what their union membership card is going to be used for, it is the Employee who decides. This would now give new meaning to the spirit of the Employee Free Choice while taking these corporate front groups biggest arguments away from them that it would eliminate “ secret ballot” elections. Based on this alternative there is no question about it. The employee has a free choice to decide which method to use.
2. An alternative to the 50 plus 1 is to make it 60 percent for certification.
Since corporate front groups continue to compare a National Labor Relations Board election to a Federal election then if 60 votes is needed for cloture then 60 percent should be needed for the Board to certify the individual or labor organization as the representative of the bargaining unit as long as the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit.
3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS as stated under Text of H.R. 1409: Employee Free Choice Act of 2009
4. STRENGTHENING ENFORCEMENT as stated under Text of H.R. 1409: Employee Free Choice Act of 2009.
5. To amend the National Labor Relations Act to require employers to provide labor organizations with equal access to employees prior to an election regarding representation as stated under Text H.R. 1355.
6.To amend the National Labor Relations Act to require employers to provide labor organizations with equal access to employees prior to an election regarding representation prior to any organizing drive to see if such employee wish a desire to be represented by a labor organization or individual.
7. Authorizing the NLRB to impose treble back pay without reduction for mitigation when an employee is unlawfully fired.
8. Conduct quicker elections rather than 42-day period.
9. Prohibit the use of anti-union consultants as persuaders once an election is filed or notice to an employer by a union is sent.
10. Prohibit mandatory union-busting meetings by an employer. All meetings would now be voluntary for both sides.
11. Modify the NLRA to give the court broader discretion to impose a Gissel order on a finding that the environment has deteriorated to the extent that a fair election is not possible.
12. On a finding that a party is not negotiating in good faith, an order may be issued establishing a schedule for negotiation and imposing costs and attorney fees.
13. Broaden the provisions for injunctive relief with reasonable attorneys’ fees on a finding that either party is not acting in good faith.
14. last best offer” arbitration of contract terms.
15 Authorizing the award of reasonable attorneys’ fees on a finding of harassment, causing unnecessary delay or bad faith.
16. Putting a time limit for objections to be heard and resolved.
In conclusion by thinking outside of the box by using a shotgun approach to the Employee Free Choice Act rather than all your Easter eggs in one basket approach corporate front groups would now be in a tailspin trying to stop a dam ready to burst, while labor and pro-EFCA Senators continue to work on gaining the needed 60 votes for cloture from both democrats and republicans such as Senator Specter who may support some of these mini Employee Free Choice Act Bills.
Peter N. Kirsanow said it best in his blog “
Now that card check may be off the table, EFCA opponents have lost their most effective talking point
“
Under my approach card check (as corporate front groups call it) would not be off the table but it would be separated under a new alternative bill giving less credence to the mini bills which are essential to the body and spirit of the Employee Free Choice Act.
Tags: Employee Free Choice Act, EFCA, Free Choice Act, Free Choice, EFCA Compromise, Employee Free Choice Compromise, Free Choice Bill, Peter Kirsanow, Labor Union,Corporate Front Groups, The Coalition For Democratic Workplace, Save our Secret Ballot, Chamber of Commerce
Posted by Employee Free Choice Act Now . Org at 11:34 PM
Labels: EFCA, EFCA Compromise, Employee Free Choice Act, Employee Free Choice Compromise, Free Choice, Free Choice Act, Free Choice Bill, Labor Union, Peter Kirsanow, The Coalition For Democratic Workplace
What are AFL-CIO and CtW saying about the mini-bill idea? Do they agree with Kirsanow that we need to get card-check off the table? Are we throwing in the towel on getting the 60 votes?
Is your group funded by the AFL-CIO? I saw some buttons and signs on some of your websites that had both AFL-CIO and Employee Free Choice Now right next to each other. If the AFL-CIO itself is funding your organization I would give it much more credibility. I more careful after reading an article over on NPR about how the anti union side is funding organizations that sound like they would be for Employee Free Choice, but are actually working against its passage. I have no reason to think that you are in that category, and the link that I gave does not list your organization. I would like to read a response, please. Once again, I’m just asking about your relationship with the AFL-CIO. I’m not making any accusations, nor do I have any information which would lead me to do that.