We have previously posted, here, here, here, here and here about Canadian data usefulness as a predictor of what EFCA might produce in the United States. The Economic Policy Institute has released data on first contract arbitration in Manitoba, the Province with the most EFCA FCA provisions. The small sample study notes that 87.5% (14 of 16) businesses who engaged in FCA between 2001 and 2007, remain in business. The AFL-CIO blog touts this as "evidence" EFCA is not a jobs killer. That a business remains in business is of course a positive fact, but really provides little proof that the business is no worse off than if it had not been required to submit to an imposed collective bargaining agreement. How successful could the 16 have been without this burden, would the two failed enterprises survived? The news in this piece is not that FCA is good, but rather that it was used only 14 times in 7 years.

The nomination of SEIU attorney Craig Becker was voted out of the Senate HELP Committee on a 13-10 straight party line vote.  In October, before the McCain hold on the nomination, two Republicans voted for Becker. Some echo chamber writers, (linked article removed) displaying a limited understanding of NLRB workings, rail against Becker and claim his appointment will result in implementation of card check recognition and mandatory arbitration of labor agreements. There are many valid reasons to oppose Becker if you are adverse to the labor position. There is little doubt seating Becker and President Obama's other two nominees would tilt the Board away from its Bush Board pro-management leanings. However, elimination of secret ballot elections and imposition of mandatory arbitration would require an amendment of the Act.