Despite Majority Support, ‘EFCA’ Blocked in Senate

Although a majority of U.S. Senators clearly favor the Employee Free Choice Act, anti-worker lawmakers have prevented the Senate from passing the measure.

For EFCA (51)

Akaka (D-HI)
Baucus (D-MT)
Bayh (D-IN)
Biden (D-DE)
Bingaman (D-NM)
Boxer (D-CA)
Brown (D-OH)
Byrd (D-WV)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Casey (D-PA)
Clinton (D-NY)
Conrad (D-ND)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Feinstein (D-CA)
Harkin (D-IA)
Inouye (D-HI)
Kennedy (D-MA)
Kerry (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Landrieu (D-LA)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lieberman (ID-CT)
Lincoln (D-AR)
McCaskill (D-MO)
Menendez (D-NJ)
Mikulski (D-MD)
Murray (D-WA)
Nelson (D-FL)
Nelson (D-NE)
Obama (D-IL)
Pryor (D-AR)
Reed (D-RI)
Reid (D-NV)
Rockefeller (D-WV)
Salazar (D-CO)
Sanders (I-VT)
Schumer (D-NY)
Specter (R-PA)
Stabenow (D-MI)
Tester (D-MT)
Webb (D-VA)
Whitehouse (D-RI)
Wyden (D-OR)

Not Voting (1)
Johnson (D-SD)

Against EFCA (48) 

Alexander (R-TN)
Allard (R-CO)
Barrasso (R-WY)
Bennett (R-UT)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Coleman (R-MN)
Collins (R-ME)
Corker (R-TN)
Cornyn (R-TX)
Craig (R-ID) 
Crapo (R-ID)
DeMint (R-SC)
Dole (R-NC)
Domenici (R-NM)
Ensign (R-NV)
Enzi (R-WY)
Graham (R-SC)
Grassley (R-IA)
Gregg (R-NH)
Hagel (R-NE)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Kyl (R-AZ)
Lott (R-MS) 
Lugar (R-IN) 
Martinez (R-FL)
McCain (R-AZ)
McConnell (R-KY)
Murkowski (R-AK)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Smith (R-OR)
Snowe (R-ME)
Stevens (R-AK)
Sununu (R-NH)
Thune (R-SD)
Vitter (R-LA)
Voinovich (R-OH)
Warner (R-VA) 

Fifty-one senators voted June 26 to end debate and pass the act. But the 48 senators who oppose the bill voted against “cloture,” preventing a vote on the bill. Under Senate rules, 60 senators would have had to agree to end debate before a vote on the legislation could take place.

The Employee Free Choice Act (S. 1041) would give American workers greater freedom to make their own choices about joining unions. EFCA would stiffen penalties for harassment, intimidation, and other illegal tactics employers often use to prevent workers from having a voice at work and being able to bargain for better wages, benefits, and working conditions.

The legislation would also recognize workers’ freedom to form unions when a majority of employees sign forms designating a union as their bargaining representative. This “card-check” process is permitted under current law, but only if the employer agrees. Most employers currently force workers to undergo an election, and it is during the period between the card collection and secret balloting that many employers intimidate workers and harass union organizers. EFCA would level the playing field by protecting workers and organizers from harassment.

Although the House passed its version of EFCA (H.R. 800) on March 1 by a vote of 241–185, the bill’s supporters have long known that passing the law would be a difficult, multi-year effort: In addition to the narrow pro-worker majorities in the House of Representatives and Senate, the White House has threatened a veto. A two-thirds vote in each chamber (290 votes in the House; 67 in the Senate) would be required to override a presidential veto.

With the bill now stalled, the battleground shifts to the 2008 elections. “We are pleased that the debate has proved that most members of the House and Senate want to give working people a fair chance,” said APWU President William Burrus.

“Momentum is on our side,” he added. “Every member of Congress is now on record, and we will do everything we can to help elect more senators and representatives — and especially a president — who will stand up for working families.”

“I encourage union members to thank their senators if they supported the Employee Free Choice Act, or, if they stood in the way, to let them know of your disappointment.”