I’d like to recommend two very good articles that argue against the Employee Free Choice Act (EFCA). The first is by Jennifer Rubin wherein she relates the astonishing news that Al Sharpton has come out against the EFCA.

See it here: Shock: Al Sharpton Takes on the Unions

Whatever one’s opinion of Sharpton, his opposition to EFCA signals an important division within the Democratic Party. If he and his followers organize and influence members of the Black Caucus in the House, for example, or apply pressure to wavering Democratic senators, the fierce fight will get a lot fiercer.

The second is by Richard Epstein and he outlines why the act is unconstitutional in the first place.

See it here: The Employee Free Choice Act Is Unconstitutional

Epstein argues that the strict rules against an employer making known his feelings on a proposed union organizing his business is wholly unconstitutional.

The Supreme Court (unfortunately, in my view) has held that the peculiar labor-law environment justified these abridgements of ordinary speech rights. But it hardly follows that if the government can curtail speech rights, the EFCA can eliminate them. There is simply no legitimate government interest in promoting unionization that justifies a clandestine organizing campaign which denies all speech rights to the unions’ adversaries.

He has some very good points and it shows how the courts have been stifling the Constitutional right of free speech of employers for far too long.

Go check them both out.

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