The staffer indicated that the Republican caucus was firmly in opposition to the bill, if not unanimously. The minority leadership appears solidly committed to its defeat. Her observations were consistent with comments made earlier in the day by GOP leader Sen. Mitch McConnell (R-KY). Speaking at a fundraiser, Sen. McConnell expressed an unwillingness to rely on a threatened Presidential veto. With some Democratic Senators unwilling, to date, to join in co-sponsoring the partisan legislation, it seems unlikely that the Dems will be able to marshall the votes necessary to invoke cloture to defeat a Republican filibuster.
Thus it seems that Sen. McConnell's comment weeks ago (on another issue) may prove relevant here:
"I don't wanna take any shots at Sen Reid. He's got 51 in a body that takes 60 to do anything."
Indeed, the staffer we met with indicated that Republican Senators may not even propose amendments to curb a select few of the Act's more offensive provisions, as the opposition attempted in the House. Rather, the Senators think the votes are lined up to kill the entire bill, period.
That is, for now.
Everyone in Washington who is opposed to the EFCA appears very concerned about the bill's prospects in the 111th Congress with a new occupant in the White House. The Senate staffer and the various lobbyists we met all stressed the importance of continued education and discussion about the EFCA and its dangers, and continued vocal opposition by interested employers heading into the 2008 election cycle. "[This] issue will continue to be a problem and must not be taken lightly," Sen. McConnell proclaimed. "[I]t has the ability to resurface after the 2008 elections should it be defeated."
If you are an employer who would like more information about the Employee Free Choice Act, or guidance in protecting your interests in light of all of the foregoing, please feel free to contact us for assistance.
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