Blue Dogs seek Senate cover on card-check

Democratic leaders in the House and Senate may have the upper chamber strike first on a controversial labor bill, which would protect conservative Blue Dog Democrats from a tough vote.

The House voted first in 2007 on the Employee Free Choice Act (EFCA), which business groups refer to as “card-check” legislation, and it was expected the House would vote first this year as well.

{mosads}The bill has more than enough votes to pass the House, but faces a difficult road in the Senate, where Democrats fall just short of a filibuster-proof majority.

Blue Dog Democrats in the House have shown tepid support so far for the legislation, which is the subject of an all-out lobbying war between business and labor. Many have faced tough questions about the legislation from constituents, who have been blitzed with a business advertising campaign.

“I do think the legislation has got to start in the Senate because it has already passed in the House,” said Rep. Parker Griffith (D-Ala.). “There is no point in bringing up the legislation if they don’t have the votes in the Senate.”

“It’s my understanding [that] the Senate is going to act first on it. They may change it,” said Rep. Allen Boyd (D-Fla.). “When they act, we can talk about it. What I think about the current bill may be irrelevant.”

The Plum Line blog first reported last week that a number of Blue Dogs thought the bill should be moved first in the Senate.

One business lobbyist said a number of Blue Dogs have expressed concerns that the bill would be a tough sell back in their districts and have heard from employees themselves who are opposed it.

“The Blue Dogs don’t want to be put to a vote on this if it changes or dies in the Senate,” said a business lobbyist. “The current dynamics have changed. Their vote would be for real now.”

Businesss groups would see a Senate-first strategy as an early victory for their lobbying campaign.

A union official said the debate over strategy revolves around whether an initial House vote would help raise Senate support.

“There isn’t any doubt in anyone’s mind that we have a substantial majority in the House and it will pass when the Speaker brings it up,” said a union official. “Now the question is, will that lead to 60 votes in the Senate or not? That is what is being discussed right now.”

Rep. George Miller (D-Calif.), chairman of the House Education and Labor Committee, said members are considering taking up EFCA first in the Senate because that is where the challenge for the bill lies.

“We can pass the bill,” Miller said of the House. He said the strategy was not related to concerns from Blue Dogs or other members.

Miller, a close ally of Speaker Nancy Pelosi (D-Calif.), said the move is not a sign of discord behind the scenes. “We’re not having defections. There’s no problem here,” he said.

He also said the decision had not been finalized but was under serious consideration.

“I feel the decision has already been pretty well made. We have had discussions about it,” said Miller, although he added that House and Senate leaders have yet to sign off on the strategic move.

A Senate leadership aide said no decision has been made, and a House leadership aide said Obama administration officials are also participating in the talks on when and where to introduce the bill.

The bill is not moving forward as quickly this year as it did in the last Congress.

{mospagebreak}In 2007, Miller introduced the House bill on Feb. 5 with 230 original co-sponsors. House legislation has yet to be introduced this year.

The bill easily passed the House on a 241-185 vote in March that year. But it stalled in the Senate, garnering 51 votes for cloture, with Sen. Arlen Specter (Pa.) the only Republican to join Democrats in voting to close off debate on the bill.

This year, both sides know a vote in the Senate would be closer to the magic number of 60.

{mosads}In addition, while President Bush threatened to veto the bill if it reached his desk, President Obama supported the legislation during his campaign last year.

Griffith said he has not decided on whether or not to vote for the bill when it is introduced.

“The climate is not the same as when it last passed,” said Griffith, a freshman lawmaker. “It seems to be a labor versus business bill coming up at a time of economic uncertainty.”

Business argues the bill would hurt the economy, while labor groups say it would help by leading to higher wages for workers.

A union official stressed that opposition from any Blue Dog members does not hinder the bill’s chances of passage in the House.

“There are several members who have told us they would rather wait and see what the final bill is before they vote on it, but we have more than enough votes today,” said the union official.

EFCA would make it easier for workers to form unions. Workers could bypass secret-ballot elections if a majority of them sign authorization cards saying they want to organize into a union.

Business groups argue the bill would enable labor leaders to harass workers into joining unions. It could also lead to more strikes and work stoppages, which could hurt industry, they claim.

Labor officials believe the legislation is necessary because employees who want to organize into unions are intimidated and sometimes fired by their employers. In addition, if unionization rates increased, labor leaders said it will help workers by letting them negotiate for better wages and benefits with their bosses.

“It is generating a lot of interest and some heat,” Rep. Jim Cooper (D-Tenn.) said of the legislation.

The Southern Blue Dog said it is up to the Obama administration when the bill is  introduced and in what chamber.

“It is still on the stove but I would characterize as it being on the back-burner,” Cooper said. “It is the White House’s decision.”