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More EFCA Stuff

March 30, 2009

I’ve written extensively against passage of the EFCA.  Most of what I’ve submitted to the local paper was blocked by the content editor even though he saw fit to publish multiple letters to the editor in favor of the act.  I suppose the Times can’t allow a reasoned argument against a position held by the editors.   So, the majority of my opinions have been posted here.

A point I failed to consider is one that I typically use to judge any proposed legislation — its constitutionality.  I hadn’t thought of card check’s obvious First Amendment and privacy concerns.  Someone who didn’t overlook that aspect of the proposed fulfillment of organized labor’s wet dreams are David Rivkin and Lee Casey.  Their article in today’s Wall Street Journal is very informative.

The Supreme Court has consistently recognized the importance of this type of political discourse. The reason is obvious: Public speech on contentious issues often inflames passions, prompting intimidation and retaliation. Outing speakers who prefer anonymity chills speech, and has the potential to suppress it entirely… Sanctioning — and thereby promoting — demands that employees publicly disclose how they feel about unionization clearly violates their First Amendment entitlement to vote and practice their speech privately. Significantly, unlike other cases in which such restrictions have been upheld, union organizers cannot articulate even a semblance of an offsetting First Amendment value. While they may complain that the current system does not favor unionization and hence inhibits their associational rights, the problem, if any, arises from possible employer intimidation — not from the secret ballot as such.

2 Comments leave one →
  1. March 31, 2009 10:29 am

    I think your point about constitutionality is well made. Thumbs up to David Rivkin and Lee Casey. This really should not pass. It will pretty much destroy all small business. Have you seen the youtube on the plant in Albion, Pennsylvania? Not sure of the etiquette of posting links, so I’ll just say it’s easy to find. FB

  2. theabatis permalink*
    March 31, 2009 10:39 pm

    I haven’t heard anything of a plant in Albion. I’ll have to look it up.

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