EFCA is a dead horse that keeps getting beaten. If anymore proof is necessary look at what these candidates in close senate races are saying. Truly labor has itself to blame here for insisting on card check as the cornerstone of labor law reform. All that insistence did is create a sound bite for the opposition. "We oppose getting rid of secret ballot elections." By its own insistence labor allowed itself to be portrayed as undemocratic and even unAmerican. There is zero chance EFCA will get passed in a lame duck session.

UPDATE: Trumka calls for spring passage of EFCA. Inevitable loss of the Democrats' 60 seat senate majority makes 2010 a "do or die" year for EFCA. AFL-CIO legislative director Bill Samuel puts forth a pragmatic assessment in this Workday Minnesota piece. Samuel admits the votes were not there in 2009 - Kennedy, Byrd Franken, issues meant no 60 votes. Thats not news, but Samuel's acknowledgment that any bill that passes will be a compromised one is. It signals labor's willingness to address reality. Card check is dead. Has been for some time. Opponents of the bill need to delay a vote on the issue until the public sees past the secret ballot non-issue. As it stands now, largely because opponents of the bill continue to rail against card check and for secret ballots elections, the opportunity exists for labor to seek quick passage of a watered down bill which preserves some form of secret ballot election. Its an opportunity with a closing window, but still an opportunity.

Pro-labor poster Mike Elk gets it partly right in this post. The NLRB is willing to make incremental, mostly symbolic changes in the rules to aid unions in their organizing attempts. He correctly notes the absence of significant remedies for egregious violations. However he gets it plain wrong (like so many others) when he says shortening of time between a petition for an election and the conducting of the election is a cure for employer intimidation. It isn't.   A meaningful, civil, non-threatening dialogue is not only appropriate prior to an important vote, but necessary for an informed electorate. Card check recognition and instant elections hinder an informed vote. If the problem is employer intimidation, punish the employer's misconduct, don't stifle the discourse or impose a different sort of coercion by eliminating secret ballot elections.