In 2010, organized labor condemned the bipartisan vote in the United States Senate that killed the Employee Free Choice Act.
Employees, prematurely, celebrated the fact that their right to a secret ballot in elections determining union representation was secure.
EFCA, or the "card check" bill, would have eliminated the sacred right of employees to participate in their union elections by secret ballot.
It would have substantially increased penalties on employers (but not unions) for violating the National Labor Relations Act. It would have obtained other "wish list" items for unions that no Congress ever intended, as re-emphasized with their vote.
Those who believed the card check bill was gone are now realizing that was naive.
Where the current administration has failed to persuade Congress to adopt its legislative agenda, time and again, it has waived its regulatory wand and enacted the failed "legislation" as "regulation."
Magically, it becomes the law of the land.
Since the rejection of the Employee Free Choice Act, the administration, largely through the National Labor Relations Board, has brought the legislation the Congress killed back to life.
Consider these recent regulatory initiatives of the NLRB:
n Expanded use of mail and Internet balloting in union elections.
Why? Because these ballots are not cast in secret.
Union officials could monitor the voting, accomplishing the primary objective of EFCA — a vote outside the secret ballot booth and under the watchful eye of the candidate;
* A dramatic increase in financial penalties against employers.
While the NLRB has awarded simple interest on money judgments for 75 years, the NLRB now imposes daily compounding interest. This is the difference between a loan from Uncle Bob and your VISA bill;