The Corner

McCaskill’s Remarks

Labor lawyer Eugene Scalia calls me this morning to explain the problem with Sen. Claire McCaskill’s remarks on the Employee Free Choice Act over the weekend. As others had noted, she remarked that “There is no secret ballot to get rid of a union. But there is a requirement of that for people to be able to organize. And to me that seems unfair. What’s good for the goose is good for the gander.”

Not true, Scalia explained. “The standard process for decertifying a union is a secret-ballot election,” he said. Moreover, “the bill would not change the decertification process at all.”


Setting aside the fact that she was wrong on the law, McCaskill’s logic is suggesting the creation of more wrongs in order to fix one perceived wrong. “The secret-ballot election is about the most important identifiable guarantee to be able to vote without intimidation . . . Is she suggesting that because there is no election in one process, we need to remedy the problem by eliminating elections in another process?”


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