Presidential Politics–Predictions for the Workplace–Biden
Posts have previously appeared about the potential impact on the workplace if certain candidates were to become President (Read posts on Obama and McCain). While neither Joe Biden nor Sarah Palin will have as much impact as Obama or McCain, it’s worth a look at where the vice presidential candidates stand on labor and employment issues. Let’s start with Senator Biden.
Biden is strong union supporter. He is a co-sponsor of the Employee Free Choice Act. If this Act passes, union organization would no longer be decided by a private vote of employees but by the collection of union authorization cards signed by employees expressing their desire for a union to represent them. If a majority of employees sign cards, the union and the employer would have to negotiate on a collective bargaining agreement within 90 days. If no agreement is reached, the Federal Mediation and Conciliation Service would mediate. If mediation is unsuccessful after 30 days, a panel of arbitrators would decide the terms of the CBA. This would be enormous change in the way union representation and a CBA are determined.
Biden is a co-sponsor of the ADA Amendments Act (formerly called the ADA Restoration Act). This Act would reverse several U.S. Supreme Court decisions that have narrowed the meaning of “disability” under the Americans with Disabilities Act. The proposal’s passage means that more employees would be disabled and entitled to reasonable accommodations. Even if an employee’s disease or impairment is in remission or is controlled by medication, it could still be a disability.
Biden supports the Civil Rights Act 0f 2008, which would remove the present damage caps in discrimination cases. He supports the Fair Pay Restoration Act, which would reverse the Supreme Court’s decision in Ledbetter v. Goodyear and make it possible for employees to recover for alleged discrimination going back much further in an employee’s employment history than is presently the case.
Biden supports increasing the minimum wage. He opposes giving employers the right to substitute comp time for overtime. He favors expanding the Family and Medical Leave Act’s coverage. He is a co-sponsor of the Healthy Families Act, which would require employers with 15 or more employees to provide seven paid sick days per year. He supports what is now called the Employment Non-Discrimination Act, which would make sexual orientation a protected class.
Since the Supreme Court can have a major impact on labor and employment law, Biden’s votes on the present justices are worth noting. He voted for the four justices generally considered liberal: Stevens, Souter, Ginsburg and Breyer. On the five justices generally considered conservative, Biden’s votes are mixed. He voted against Thomas, Roberts and Alito. He voted for Scalia. He didn’t vote on Kennedy becasue he was sick when the vote was taken but announced that he would’ve voted for Kennedy.
Stay tuned for predictions about Palin.
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Monday, September 8th, 2008 at 8:12 am under
I’m very confused as to how the Employee Free Choice Act supports unions. Quite on the contrary, it sounds like a death knell to unions everywhere as people could much more easily be intimidated to vote against the unions, especially since there would be proof of them voting for or against the union (e.g. the authorization card).
What am I missing? Or is the Employee Free Choice Act a classic example of doublespeak?
P.S. You should add an option to receive an email when a new comment is stated on posts so I could check back easier!
October 11th, 2008 at 3:04 pmIn my opinion, the Employee Free Choice Act is indeed a classic example of doublespeak. Employee freedom is lessoned because under the Act, employees would no longer have an election. Once enough employees have signed authorization cards (which they may not even know they’re doing or what the implications of the cards are), they’re represented by a union. So all unions have to do is get the cards signed. They no longer have to also win an election after both sides have been able to point out the pros and cons of having a union. As to your point about intimidation, cards will often be signed (as they are now) without the employer knowing what’s going on. And there is no vote, as I inidicated above. If you’re saying that employers would be more likely to fire employees who sign cards, that seems unlikely because there will no longer be an election. Under the present law, if an employer fires an employee for engaging in union activity, that’s a violation of the National Labor Relations Act. Rather than being the death knell to unions, this Act could revitalize union organizing activity in a way unions have been looking for during the last several decades as union membership has continued to decline.
October 12th, 2008 at 1:04 pm