Drawing a bright line between himself and his two likely opponents in the race for U.S. Senate, Marco Rubio on Monday attacked federal "card check" legislation.
I oppose card check and any efforts like the Employee Free Choice Act to tip labor law in favor of unions through binding federal arbitration. I am concerned by labor unions unrelenting campaign for card check, which would eliminate workers right to a secret ballot in unionization elections," Rubio, the Republican nominee, told a gathering of the Associated Builders and Contractors in Fort Lauderdale.
Rubio's position contrasts sharply with those of his presumptive rivals -- independent candidate Gov. Charlie Crist, who has said he is "open" to the card-check idea, and U.S. Rep. Kendrick Meek, D-Miami who fully supports it.
The card check has long been sought by organized labor as a way to streamline the unionization process. Rather than holding an officially monitored workplace election using secret ballots, as has been the case for decades, under the EFCA a business with more than 10 workers would automatically be unionized if labor leaders collect "authorization cards" signed by a majority of employees.
Both Crist and Meek appeared last month before the Florida AFL-CIO, seeking the union's endorsement. Meek won the group's formal backing, partly due to his consistent embrace of EFCA, though Crist received generous applause for his first-ever appearance at the labor gathering.
Meek's union endorsement notwithstanding, the governor isn't necessarily barred from receiving financial support from some of the 41 locals that boast a combined 500,000 active and retired members statewide.
On Monday Rubio, the former House speaker, said, "I believe workers rights should be protected and that a card check system would open the door to pressure and intimidation that would disrupt the workplace and threaten businesses livelihoods.
"I also oppose EFCAs arbitration provision, which would give labor and management just months to reach a labor agreement before a contract is imposed by a federal arbitrator.
Dan Shaw, president and CEO of the Florida East Coast chapter of the Associated Builders and Contractors, called the card check "the most insidious thing I've ever seen in my life in terms of labor law. When have we ever not had a secret ballot in this country?"
While unions complain that companies can subvert unionization efforts, Shaw said union politics play a role in ERCA.
"It's a red flag for the unions. They've spent a lot of money (on EFCA) and they expect to get it back," he said.
ABC, with 2,500 member companies statewide, has endorsed Rubio as a "friend of free enterprise," Shaw said.
By contrast, Shaw expressed disappointment with Crist, who the organization had backed in previous elections.
"It's sad to us that he has chosen the path he has taken. He's made some dramatic changes. The concern is why," Shaw said.
Adam Hasner, majority leader of the Florida House, accused Crist of being slippery on the card-check issue, which could come up for a vote in the Senate next year.
If Charlie Crist is willing to pander to union bosses and trade workers rights to a secret ballot for endorsements and campaign contributions, then what is he willing to do for his personal political gain next?" asked Hasner, R-Delray Beach.
"If Charlie Crist is truly listening to 'the people,' then he will reject the support from big labor and pledge to protect this fundamental right of our democracy. This is such an important issue to our economic recovery that it transcends partisanship and demands common sense," Hasner concluded.
If and when the card check -- declared dead for this session -- comes up for a future vote, the National Labor Relations Board remains well within congressional purview because the NLRB, whose members must be confirmed by the Senate, has rule-making authority over much of the unionization process.
As suggested by Rubio, the board could tighten the timeframe between when workers notify a company they intend to vote on a union and when an election is actually held. Currently, that window spans around 37 days, but the NLRB could reduce it to 21 days or even 14 days -- thereby inhibiting a company's ability to communicate with employees before an election.
In another scenario, the NLRB could require employers to recognize minority unions that would only cover those employees who wished to have union representation. That means a firm with 100 employees doing the same job could end up with 10 of those workers in their own union.
Under the Obama administration, ABC's Shaw already sees "significant changes in unionization rules."
"The (new) rule-making makes it increasingly difficult to give employees real choice," he said.
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Reach Kenric Ward at kward@sunshinestatenews.com or at (772) 801-5341.
