Kyle Bell

Pennsylvania Senator Arlen Specter all but confirmed yesterday that he was not running as a Democrat in next year’s election when he announced that he would oppose the Employee Free Choice Act (EFCA). The EFCA would essentially make it easier for employees of companies to form and join unions. Specter, a moderate Republican, is facing a stiff primary challenge from the conservative Pat Toomey who lost to Specter in 2004 by just 2 percent.

Under current law an employee requests blank cards (“card check”) from an existing union and requests the signature of his fellow employees. When 30% of employees sign the cards, the company could then request a secret ballot election. The Employee Free Choice Act would guarantee the formation of a union if a majority of employees sign the cards and would not require an election. The law does stipulate that if 30 percent of employees petition for an election then one is held. But if a majority sign the cards then a majority will likely support unionization in an election.

“The problems of a recession make this a particularly bad time to enact Employee’s choice legislation,” Specter said. “Employers understandably complain that adding a burden would result in further job losses. If efforts are unsuccessful to give labor sufficient bargaining power through amendments to the [National Labor Relations Act] then I would be willing to reconsider Employees choice legislation when the economy returns to normalcy. I am announcing my decision now because I have consulted with a very large number of interested parties on both sides and I have made up my mind.”

Specter’s problem is twofold: he will now undoubtedly face a strong challenge from the Democratic Party, as well as the primary challenge that he is likely to lose. According to the latest poll from the Keystone State, Specter would win only 27 percent of the vote in a Republican primary. Toomey has the support of 41 percent of Republicans. Compare that to his 45 – 31 percent favorable among all voters and you can see why running as a Democrat would have made sense. Within his own party, he gets a 47 – 29 percent unfavorable rating, a pitiful showing for an incumbent senator.