On Tuesday Sen. Arlen Specter (D-PA) released some long-awaited details of an amended version of the Employee Free Choice Act (EFCA) that he believes “will meet labor’s objectives” and garner sufficient Congressional support. Speaking before the AFL-CIO Constitutional Convention, Specter predicted that a re-vamped version of EFCA will be passed this year. As reported in The Washington Post, Specter outlined the provisions of this so-called “compromise” bill following the AFL-CIO convention. Notably, Specter said the amended bill omits the controversial “card check” provision that would have allowed the National Labor Relations Board (NLRB) to certify a union as the exclusive bargaining representative based on a majority of signed authorization cards. Instead, according to the Post article, the amended EFCA:

would try to make union elections more fair by sharply limiting the time between organizers' declaration that they have enough support to call an election and the day of the vote, to reduce the potential for employer intimidation. Organizers would also be guaranteed access to workers if employers held mandatory anti-union meetings on company time. And the penalties for employers who break labor law rules would be triple what they are today.

As for the equally contentious arbitration provision, the amended bill would still impose forced government arbitration if the parties cannot agree to the terms of a first contract within a specified time period, but would establish a “last best offer” model for final resolution. Under this approach, the arbitrator chooses between the two parties’ contract proposals, rather than exercising unfettered discretion on contract terms.

While on the surface these amendments appear to temper some of the more controversial terms that have been anathema to business interests, the changes are not drastic enough to attract wide-spread support within the business community, most of which is opposed to EFCA in any form and in particular is opposed to first contract arbitration. In fact, this version of EFCA – unlike the original bill – would provide union organizers with unprecedented access to the workplace. While the suggested bill would preserve the representation election process, the shortened election period would limit an employer’s ability to present its position to employees so that employees can make a fully-educated decision on unionization having heard both sides.

Despite Specter’s claims that a deal has been reached that would satisfy organized labor, AFL-CIO Secretary-Treasurer Richard Trumka – who was elected AFL-CIO President on Wednesday – has stated that the card check provision is still on the table. Therefore, it is still unclear what the final version of EFCA will look like at this point. It is also unclear whether there are enough votes in the Senate today to break a filibuster in light of the seat vacated by the death of Senator Kennedy and the continued absence of Senator Byrd (D-WV), even if the modified bill could attract the support of moderate Democrats (some of whom to date have opposed the passage of EFCA).

As for Specter’s estimated timeline for the measure’s passage, it is unlikely that any labor law reform bill will receive serious consideration until after Congress has dealt with healthcare reform. While President Obama reiterated his support for EFCA during the AFL-CIO convention, his remarks on that issue were brief., choosing instead to focus his speech on healthcare reform and job creation. It is possible, however, that organized labor will press for a Senate vote by the end of the year if it feels that the political climate for EFCA will worsen in 2010 or if labor wants EFCA to be a central campaign issue in the 2010 elections.