A Switch in Time Saved Now, and Now This....

There's a famous saying about how "a switch in time saved nine" Supreme Court justices under FDR, who was threatening to pack the court unless it quit ruling his laws unconstitutional. When one judge switched to the liberals' side, it was just in time to save all of them.

Now, for all of us who consider the Employee Free Choice Act (EFCA) evil incarnate, it was an ill senator who saved the nation from the twin terrors of card check unionization and forced contract arbitration.

One of the EFCA's sponsors, Senator Tom Harkin (D.-Iowa), has revealed he had a deal in place in July to pass EFCA--with labor leaders set to descend on the capital to celebrate--when all he needed was just one more vote to reach the 60-vote cloture threshold. That vote belonged to the late Ted Kennedy, but when Harkin inquired of Kennedy's doctor if the senator could spend just three days in Washington, D.C., the answer was no; he's too ill.

Harkin wouldn't reveal what was in the deal:

"I will not say [what was in the bill] because it was closely held, it never leaked out and it still hasn't," Harkin said. "I took it off the front-burner and put it on the back-burner so it is still on warm, OK?"

EFCA Sponsor Says Card Check May Go Bye-Bye

Senator Tom Harkin, D.-Iowa, says compromise is in order to save the Employee Free Choice Act, specifying that the card check provision will no doubt have to be dropped.

“Compromises are going to be made,” said Harkin, 69. “It probably won’t be card check [as part of the final law], because too many people are opposed to it now.”

Card check allows organizers to unionize a company by merely getting 50-percent-plus-one of the employees to sign off on the idea. No election need be held, but the union (har de har har) could still ask for one. Business is unilaterally opposed to it, with the U.S. Chamber of Commerce calling the EFCA "Armageddon."

(New York Governor David Paterson has already created card check in his state by fiat--executive order. Henceforth, all businesses receiving government assistance in just about any form in his state will be subject to card check unionization.)

Harkin said he's hoping that the compromise bill he's negotiating with fellow senators will win the "grudging support" of both labor and "some business."

For its part, labor says card check is non-negotiable and absolutely essential, and from the business side comes the stance that, even with card check gone, the EFCA is still Armageddonish with its binding arbitration provision.

The proposed law mandates a two-year binding contract be imposed if the company and union fail to agree upon a contract after 90 days of direct negotiations and another 30 days of mediation.

In the words of Rodney King, "Can't we all just get along?"

Evidently not.