American Rights at Work is spearheading a coalition of groups supporting the Employee Free Choice Act. You may have heard of the organization because it's chair, former Representative David Bonior, was widely touted as a potential labor secretary in the new administration, as was the group's executive director, Mary Beth Maxwell. Yesterday, the organization unveiled two new ads, see them below, that will be broadcast on national cable in a $3 million buy.
There's been debate in labor circles about how best to win over public and legislative support for card-check, given the amount of misinformation being spread by the business coalition that opposes the increased unionization. Unfortunately, I don't think these ads are quite the way to do it. While focusing on workers and letting them make their case is a good idea, and subtly leaning on Obama imagery is clever, most of the undecided people who will see this message aren't familiar with the challenges of union organization or even business' opposition to unions -- according to ARW, less than half of Americans don't know that companies fight organizers.
When the public sees these workers asking for the choice (another subtle touch in the ads) to form a union and obtain the wages, health care and security they deserve, many viewers don't understand the obstacles faced by organizers. They see a solution without a problem. A better message might explain -- obviously not with statistics alone but capturing their themes -- that 30 percent of employers fire workers who try to organize, half threaten to close work sites, half use favoritism or bribery to get workers to oppose unions, and nearly all of them force workers to attend one-on-one anti-union meetings with their supervisors. ARW also has a handy chart (paper-based, so I can't show you here) that runs down the comparisons between federal elections and NLRB "elections." Let me surprise you with the news that the NLRB version involves a lot less free speech and equal access and a good deal more coercion:
Of course, I haven't seen the polling and focus grouping that contributed to the message in the ads. ARW's research on anti-EFCA media campaigns during the 2008 election suggests that message failed to sway voters. The group's polling also shows huge majorities supporting the legislation -- 78 percent of adults -- but I don't know the kinds of questions asked and haven't seen the cross-tabs so I can't speak to the accuracy of the poll.
Labor sources remain hopeful that EFCA will be on the agenda this spring, and think it has a good chance of passing. Legislative sources are not so sure. It all comes down to the senate, and it's anyone's guess where the votes are now -- the bill came up two votes short in a 2007 cloture vote, but there is a question of whether vulnerable Democrats may defect this year and how much political capital Obama is willing to spend on the effort. But Maxwell is sure confident. Yesterday, a reporter asked her if there was any chance labor could reach a middle-ground with business.
"With the kind of majority support we have now for this bill, we're not the ones who are talking about compromise," she replied with a laugh.
-- Tim Fernholz
Further Reading: Will Labor get what it wants from Obama?
