Herman

Cain

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December 22, 2008

‘Employee Free Choice Act’ May Be Unconstitutional, But Dems Will Try Anyway

OK! I said last week I would try to find some holiday cheer for this week, after sharing with you the depressing discovery that the union payoff legislation, or “Employee Free Choice Act,” from the Democrats in Congress would eliminate secret ballots and a vote altogether.

Under this proposed legislation, if union organizers can persuade a majority of a company’s employees to sign cards supporting unionization, the union is automatically certified and no vote is taken.

Well I did find some cheer! It is Richard Epstein’s article in the Wall Street Journal last Friday – “The Employee Free Choice Act is Unconstitutional”.

Epstein’s legal analysis is so clearly presented that even a non-lawyer could make a successful argument in court. But that does not mean the Democrats would not try to pass the legislation anyway. They have to be able to show the labor unions they tried, even if it is unconstitutional.

Now back to the bad news. Epstein’s analysis is encouraging and clearly establishes a strong court challenge if the EFCA passes, but imagine how many businesses will be targeted and ruined before the legislation is thrown out in court.

Court challenges can take years. Businesses do not have that long if they are forced to unionize while waiting for the courts to resolve a law that never should have been passed in the first place.

The current economic downturn and financial credit crunch has made the window of survival for many businesses even shorter.

But at least there is hope.

There is hope that enough legislators will wake up and oppose the proposed legislation. This could happen if enough businesses become vocal and apply some heat to their members of Congress.

There is also hope that millions of voters will become vocal against this proposed legislation. Voters are the workers who will be most impacted with job losses, while the union representatives move on to destroy the next business.

Many Democrats have for years blamed the exodus of jobs from this country on greedy corporations and stockholders. They are consistently in denial that the two biggest causes are non-competitive corporate tax rates and non-competitive union demands.

All we have to do is look at the current situation with the U.S. automakers who are struggling for their economic survival.

Earth to liberals! We are in a global economy!

With an increased majority of Democrats in both houses of Congress, it is unlikely that corporate tax rates will be reduced anytime soon. Nor is it likely that the Democrats will acknowledge the senselessness of allowing the current tax rates to expire at the end of 2010.

So let’s put a death nail in the U.S. economy with forced unionization and unreasonable union demands with an unconstitutional law.

Now that’s change we can believe in, it’s just going to be faster.

Let’s hope that I am dead wrong.

Oh, I almost forgot! Merry Christmas and Happy New Year, while it is still a recognized constitutional right to say in public.

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