In a June 15 call to AHA board members, Senate Minority Leader Mitch McConnell, R-KY, encouraged hospital leaders to continue voicing their opposition to the "Employee Free Choice Act," S. 560/H.R. 1409, also known as "card check" legislation.
"Hospitals are more influential on this issue than they might perceive themselves to be," the senator said. He urged hospital leaders to aggressively express their opposition and resist any compromises on the bill, which may be brought to the Senate floor as early as July.
Opposed by the AHA and its American Society for Healthcare Human Resources Administration affiliate, the legislation would eliminate the long-standing National Labor Relations Board requirement for secret ballots in union elections. The legislation would require employers to recognize a labor union if a majority of its workers sign authorization cards in the presence of union organizers, referred to as a card-check process; make initial collective bargaining contracts subject to binding arbitration if no agreement was reached within 120 days; and increase employer penalties for certain labor law violations.
The April move by Sen. Arlen Specter, D-PA, to switch from the Republican to the Democratic party, coupled with the apparent victory of Minnesota Democrat Al Franken in that state's contested Senate election, would give the Democrats the necessary 60-vote supermajority to choke off debate on the bill. Specter has reiterated his opposition to the current card check legislation, but said he will seek a compromise on the measure.
Several compromises have been rumored, including an option to allow union authorization cards to be mailed in and changes to the arbitration provision that would require a federal arbitrator to choose between the "last best offer" submitted by each party involved in negotiating a collective bargaining agreement.