Professor Harry G. Hutchison of George Mason University recently took a look at the union favored Employee Free Choice Act (EFCA) and made a startling conclusion. He believes it will harm minorities.

Saying that the EFCA is “arguably the most transformative piece of labor legislation” since 1935, Hutchinson warns that it will seriously harm the rights of workers and the status of minorities alike.

To start, Hutchinson summed up the provisions of the bill.

One of the newest attempts to transform labor relations is the EFCA. The first to disappear under the EFCA would be a system of union democracy whereby unions could only obtain the rights of exclusive representation for firms if they could prevail in a secret-ballot election. Second, the EFCA would eliminate the necessity of a freely negotiated collective bargaining agreement between management and labor and instead substitute compulsory arbitration.

The results of these provisions, though, would prove disastrous as far as Hutchinson is concerned.

While some labor union advocates contend that law ought to be conceived of as a vehicle to democratize the workplace by redistributing power in labor markets in favor of workers, while concurrently demolishing hierarchical command structures that entrench gender, race and class lines, this proposal would likely expand labor hierarchy, labor market cartelization and diminish the employment prospects of racial minorities. As such, the EFCA is marked by contradiction. This paper deploys Critical Race Reformist theory, economics and apartheid-era South African labor history in order to show that rather than embracing freedom for workers, eliminating poverty, and expanding opportunities for all, this proposal would likely invert such goals and instead operate consistently with the record of exclusion and subordination tied to American Progressivism and the labor movement.

Hutchinson feels that the EFCA is a racist attack on minority workers. It must be reiterated that President Obama and his Big Labor comrades are pushing this bill for all they are worth. So, in essence, Obama and Big Labor are pushing a racist bill.

Prof. Hutchison has an impressive resume including: M.A., Wayne State University; M.B.A., University of Michigan; J.D., Wayne State University; Diploma, University of Oxford; P.G.C.E., University of Bristol.

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