April 30, 2009

All Quiet on the EFCA Front?  Not So Fast…

For months, many of us have been following the Employee Free Choice Act (EFCA) voraciously, hanging on every speculative prediction about its expected fate. Most recently, some commentators have dared to query whether EFCA, at least in its current form, might be “dead” due to the commonly held belief that even assuming an eventual confirmation of Al Franken’s (D-MN) Senate seat, the Democrats are believed to be one-vote short of the filibuster-proof (60 votes) majority needed.

This week’s news reaffirms EFCA is alive and still very much a real threat to all employers.

Making what could be a game-changing move regarding EFCA, U.S. Senator Arlen Specter (R-PA) announced his decision to change his affiliation to the Democratic Party and his intent to run as a Democrat in the primary for re-election in 2010.  

While Senator Specter recently denounced EFCA, despite having supported it in the past, and now reiterates his opposition to the legislation, stating he does not support the current form of the Bill and adding that he will not be an automatic 60^th vote for cloture despite his switch in party affiliation, the pressure from his new Democratic colleagues will likely be fierce.

In one form or another, Congress will make it easier for labor unions to sell the idea of union representation to employees.  Whether in card check, an abbreviated, almost irrelevant time from petition to election, or management neutrality, it is the goal of the Democratic Party to increase union membership in America.

A more politically expedient way to reform may actually be through the National Labor Relations Board (NLRB).  President Obama has picked two strong union advocates for two of the open three positions (the tradition is to appoint a Republican for the third).  No matter what happens with the EFCA, the NLRB will have a Democratic majority for the first time since 2001 and can make sweeping changes to the way organizing and campaigning is viewed under current law.  

How we measure our vulnerability to union organizing is changing and, as a result, both an assessment and on-going communication plan will be vital.  It is highly likely the time to persuade and provide information will become non-existent or excessively limited, waiting until obvious signs of organizing or a Petition, will likely result in uninformed and unmotivated employees choosing union representation.

Many of our clients now see educating employees about the consequences and risks of unions as part of their normal discussions and believe they are well positioned for any changes in the law.  This different approach requires a focus on employee relations and an understanding of motivating managers over a period of time, not just during a campaign.  Exclusively focused on the people side of healthcare and with over 35 years of experience in helping organizations face difficult situations over extended periods of time, MSA HR Capital, an Integrated Healthcare Strategies practice, is uniquely positioned to help as we switch to a new method to managing labor relations.

Please let us know if you would like to discuss a different approach to this changing labor relations climate.  Becky Brown, Vice President, leads our labor effort with our clients across the nation, and Kevin Haeberle, Executive Vice President and Practice Leader has over 25 years in helping organizations manage through difficult situations, both as a consultant and a healthcare executive.  Our senior consulting staff includes Terry Hobbs and Jim Rude, both with extensive knowledge and experience in developing and implementing models for improvement.   All of us can be contacted at 800.821.8481 and can arrange a visit to discuss options at no cost to your organization. For more information on Integrated Healthcare Strategies and MSA HR Capital, visit www.IHStrategies.com.