March 10, 2009
AND SO IT BEGINS.... As expected, the Employee Free Choice Act, a measure intended to make it easier for American workers to form unions, was introduced on the Hill today. The measure is often known as "card check," because it would give workers the right to form a union when a majority of employees sign cards saying they want one.
Proponents expect the measure to pass the House with relative ease. In the Senate, Sen. Tom Harkin (D-Iowa), the leading support of the bill in the chamber, conceded this morning, "We have enough votes to pass the bill in the Senate. I'm not sure if we have enough votes to overcome a filibuster."
There will be plenty of time for vote-counting; the measure isn't expected to reach the floor until May. In the meantime, we're also getting a sense of what EFCA opponents have in mind. Consider this jaw-dropper, from Jane Hamsher:
Today Citigroup lowered its rating on Wal-Mart from a buy to a hold because of the Employee Free Choice Act, "citing concern that legislation intended to make it easier for employees to unionize would raise the retail giant's labor costs and hurt its competitiveness." ... The Citigroup analyst, Debora Weinswig, said Employee Free Choice (EFCA) "could be a significant drag to earnings."
It's hard to view this as anything other than a reckless and overt political act on the part of a company, Citigroup, that has made stupendously bad business decisions with dire economic consequences necessitating billions in taxpayer bailouts, at a time when the market can ill-afford it.
Even Bank of America admitted in an internal memo that increased wages for working people would mean "increased spending power of lower income consumers," which would mean that even if Wal-Mart was successfully unionized -- a big if -- they could make up the cost of higher wages with an increase in sales. Somehow that calculation didn't enter into Ms. Weinswig's extraordinarily premature analysis.
Ezra added:
[I]t's hard to recall another time when an analyst actually downgraded a stock on fears of legislation that few expect to pass. Indeed, many on the Left are arguing that this is more about generating a controlled stock market panic that will convince wavering senators to vote against EFCA than about accurately pricing Wal-Mart's stock.
Josh Bivens at the Economic Policy Institute told Ezra, "When I see upgrades to the stocks of Wal-Mart's already-unionized competitors (grocery stores like Safeway who will gain back market share if easier unionization results in higher Wal-Mart labor costs) specifically pegged to the specter of EFCA, then I'll admit that Citi is engaged in good-faith prognosticating here. Otherwise, not so much."
—Steve Benen 3:20 PM
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The Citigroup analyst, Debora Weinswig, said Employee Free Choice (EFCA) "could be a significant drag to earnings."
She ought to know, right?
Posted by: Econobuzz on March 10, 2009 at 3:14 PM | PERMALINK
The stock market is up big today, nearly 5%. I assume this means investors want EFCA to pass.
Posted by: Mike from Detroit on March 10, 2009 at 3:14 PM | PERMALINK
It's is a long shot, but maybe these financial analysts at these major institutions might not be as smart as they want us to think they are.
Posted by: qwerty on March 10, 2009 at 3:19 PM | PERMALINK
I don't know too much about the EFCA legislation, but is the "card check" portion of it critical or even helpful? From what I understand, this legislation is so much more than that. Why not drop the "card check" provisions and get the legislation passed in the Senate without it?
Again, I'm pretty uninformed on this legislation, so I can persuaded either way.
Posted by: CJ on March 10, 2009 at 3:29 PM | PERMALINK
Greedy bad "boys" playing hard-ball to protect their selfish interests. Why does this surprise anyone?
Posted by: mikey on March 10, 2009 at 3:30 PM | PERMALINK
...hurt [Wal-Mart's] competitiveness...
Good. As the number one enemy of niche retailers everywhere and the number one importer of low quality products driving down quality everywhere in the name of greedy consumerism, they could stand to have their dominance knocked down a peg. Wal-Mart is, quite simply, everything that is wrong with America in one gigantic package.
No one needs to be that big. I think a lot of things that would be bad for Wal-Mart would be good for the country and the world as a whole. We should begin implementing them immediately.
Posted by: doubtful on March 10, 2009 at 3:34 PM | PERMALINK
glad that it's being publicly acknowledged that our betters believe that walmart's profits are more important than a living wage and healthcare for Americans.
Posted by: karen marie on March 10, 2009 at 3:35 PM | PERMALINK
"There is another war being fought in America today, a secret war that has devastated the economic world and wrought even more destruction to the American social world. This is the undeclared but ongoing war between American business entities and any kind of organized labor (Unions). It is a war in which business has taken defacto control of the White House, by successfully plotting the rigged presidential elections in 2000.
The roots of this war can be found in the militancy of the American labor movement back in the late 1960s and early 1970s when a series of wildcat strikes did great damage to the corporate system and threatened to unleash more strikes from far stronger unions in the future. Business regrouped and managed to elect presidents, like Ronald Reagan, a former labor leader himself who, for money, influence and perks formed a strong anti-union movement in the higher reaches of the American government.
Aside from a flood of governmental orders and court assisted anti labor rulings, the most potent weapon in the business arsenal was the concept of out-sourcing American jobs to much safer foreign countries, countries that did not have labor unions in any form. Factories were emptied of American workers and the work was parceled out to foreign countries like China, India and Indonesia. But by shipping an enormous number of jobs to safer, and cheaper, foreign labor markets, business created an enormous vacuum in American society. Youths, straight from high school no longer could get well-paying jobs in American industry because most of these jobs, with attendant union membership, were now outside the United States. None of this outsourcing was an accident and although the Republicans occasionally were here to bemoan the loss of jobs, they never made any effort to prevent the flow of jobs away from this country. Bush and his people were squarely in the pockets of both militant Israeli and wealthy American business power groups and one of them shouted “squat”, George Bush ran into the corner of the Oval Office and squatted like a toad. Another part of this warfare was to tacitly allow an enormous number of Mexicans to pour, unhindered, into this country where they could be used as cheap, unreported and untaxed labor. Occasional raids were permitted but the millions of cheap and, most important, non-union, workers ensured that the day of the American labor union as an economic and political force was over, at least during the terms of Republican presidents.
Bush and his far-right thugs may be gone but the anti-labor policies and practices remain. Unless and until they are stopped and, more important, reversed, the economic picture in America will be bleak and wintry indeed. Businesses who have emptied their workplaces and stuffed their pockets should be heavily taxed along with all of those American businesses who have moved to foreign countries to reduce their taxes. They seem interested only in enriching themselves at the expense of the American people and if this policy of greed and secret control is not stopped abruptly, there can only be more economic and social destruction!"
tbrnews.org, Source: Bradley Moscrip
www.b.moscrip@yahoo.com
Posted by: angellight on March 10, 2009 at 3:37 PM | PERMALINK
Well, EFCA could be a significant drag on earnings for Walmart if they continue the kinds of unlawful anti-union behavior that's been reported in the past. But there's a fairly simple remedy for that, and it's called management taking seriously its fiduciary duty to shareholders to obey the law.
And yeah, until they upgrade everyone else they're blowing smoke.
(There's also another possibility here, which is that Citi research has found some other set of disasters lurking in Walmart's balance sheet, and is using EFCA as cover.)
Posted by: paul on March 10, 2009 at 4:06 PM | PERMALINK
If the Republicans filibuster this bill, it would be the perfect time to abolish the filibuster
It's time for the 'nuclear option'
I'm curious to see which Democrats vote against the EFCA..... Nelson ? Bayh ?
Who are the 'Corporate Democrats' ?
Posted by: MSierra, SF on March 10, 2009 at 4:09 PM | PERMALINK
I find it troubling that supporters of EFCA are being asked to consider what portions they can settle for, while opponents can just get away with repeated mindless, incendiary and reactionary "no's"
It suggests that the Chamber of Commerce (that bastion of compassion for workers) is driving the debate.
Posted by: dave on March 10, 2009 at 4:33 PM | PERMALINK
The next time you are in Walmart , ask an employee what its like to work there and if they are treated fairly by management.Ask them if they have a second job to make ends meet. I don't think there will be any suprises in the responses.
Posted by: John R on March 10, 2009 at 4:35 PM | PERMALINK
If the last year taught us anything, it is to not take seriously those that rate stocks and bonds.
Posted by: fostert on March 10, 2009 at 4:49 PM | PERMALINK
Citigroup?!!!!
Not that I shop at Walmart, because of their employee policies, but given a choice as to which has provided more value to the American public Walmart wins.
Posted by: Kurt on March 10, 2009 at 4:49 PM | PERMALINK
hmmm, perhaps the White House should buy, maybe, another 20% of Citibank stocks, fire the managers and executives, and reclassify Wal Mart stock.
Posted by: JWK on March 10, 2009 at 4:55 PM | PERMALINK
The roots of this war can be found in the militancy of the American labor movement back in the late 1960s and early 1970s when a series of wildcat strikes did great damage to the corporate system and threatened to unleash more strikes from far stronger unions in the future.
Did I miss some sort of heyday, back before the 60s & 70s, when big business was perfectly amenable to the idea in improving working conditions, raising wages, and ensuring that workers got a fair chance to organize if they so desired? And this land of milk & honey was suddenly shot to hell by labor's militancy? You must be on crack.
Regarding a more rational comment, I have to say I don't understand Ezra's reference to this as "legislation that few expect to pass." This is a close one, and both sides are counting noses very, very carefully. Scare tactics, like this thinly veiled tantrum by Citi, may decrease the bill's chances, but I think it's more than a little pessimistic to say that few expect this to pass.
Posted by: junebug on March 10, 2009 at 6:49 PM | PERMALINK
If we're going to have free trade and globaloney, then some thought should be given to global wage competition instead of a nostalgic trip down memory lane when unions had some relevance.
Posted by: Luther on March 10, 2009 at 7:04 PM | PERMALINK
This is a bad law. I wonder if all those people in Congress would be in favor of abolishing the secret ballot? That's one of the provisions of EFCA.
That said, the argument on both sides of this law is full of paranoid ramblings. It's like watching ads in a state that has Right to Work on the ballot: all the ads say the same thing - we'll lose jobs, wages will go down, corporate profits will go up at the expense of the working man/woman. It's only at the end of the ad that the viewer can determine its stance. Ads for EFCA are the same.
EFCA is nothing more than an attempt by labor unions to drive membership, which is now at its lowest point since the 30's. The opponents sound like unrepentant Bushies. Is there not some middle ground that everyone can agree on?
Posted by: david on March 11, 2009 at 6:43 AM | PERMALINK
We could make it easier for companies to raise wages and not lose much profit anyway by instituting "superdeduction" for employee wage costs. That means, multiply the amount paid (but only up to say $1M per person) by 1.2X, take other expenses out, and count the remainder as "taxable income."
tyrannogenius
Posted by: Neil B ☼ on March 11, 2009 at 9:11 AM | PERMALINK
Frm what I read, Speaker Pelosi has decided not to move on this bill until it passes the Senate; that way, she spares Democratic congressmen from conservative districts from having to cast a difficult vote.
What I don't understand is this: if the problem with the current law is that it lacks mechanisms to prevent employers from punishing (e.g. by firing) employees who want to form unions or otherwise intimidating employees from voting for a union, why not fix that, rather than get rid of secret ballots?
One of the complaints I've read is about employers telling (or "threatening") employees that their plant will close it it's unionized. It seems to me that whether this is abusive or not depends on whether or not it's true. If the employer is lying about his intentions, then that should be illegal. Otherwise, I don't see how preventing him from communicating the true risks to employees benefits those employees.
Posted by: DBL on March 11, 2009 at 1:45 PM | PERMALINK