# Labor And Pensions



Harkin had the votes to pass Employee Free Choice Act

I mentioned on Labor Day that I haven’t heard much lately about Senator Tom Harkin’s efforts to reach a compromise on the Employee Free Choice Act. The EFCA is one of the top legislative priorities for organized labor and needs 60 votes in the Senate to overcome a Republican filibuster. Several Democrats who supported the bill in 2007, knowing that President Bush would veto it, either oppose the bill or have dodged the question this year.

Harkin has been the lead Senate negotiator on EFCA and is replacing the late Senator Ted Kennedy as chairman of the Committee on Health, Education, Labor and Pensions. Speaking to the American Rights at Work group yesterday, Harkin said he had 60 votes lined up behind a compromise this summer:

“As of July, I can tell you this openly and I know the press is all here but we had worked out a pretty good agreement. […]”

Harkin said prominent labor leaders were on board with the deal, including AFL-CIO President John Sweeney and Andy Stern, president of the Service Employees International Union.

“That’s when we needed 60 votes and that’s when I called to get Sen. Kennedy down because we needed him for three days. That’s when Dr. [Lawrence] Horowitz told me that he couldn’t make it,” Harkin said.

The Hill’s Kevin Bogardus reported that Harkin refused to specify the terms of the compromise deal:

“I will not say because it was closely held, it never leaked out and it still hasn’t,” Harkin said. “I took it off the front-burner and put it on the back-burner so it is still on warm, OK?”

In May Harkin suggested that the “card check” provision might be dropped from the bill in favor of other changes to labor election procedures. He did not say anything about binding arbitration, which is also an important part of the EFCA.

If Massachusetts law is changed to allow Governor Deval Patrick to appoint a temporary replacement for Kennedy, then Harkin may be able to revive this compromise and pass the EFCA this fall. Democratic leaders in the House agreed earlier this year not to bring the EFCA up for a vote until the measure had passed the Senate. Getting the bill through the House should not be difficult, even if a substantial number of Blue Dog Democrats vote no.

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UPDATED: Harkin will chair Senate HELP Committee

Senator Ted Kennedy’s death left a vacancy as chair of the Senate Committee on Health, Education, Labor and Pensions. I had assumed that Senator Chris Dodd of Connecticut, who is looking vulnerable going into his re-election campaign, would jump at the chance to become the HELP committee chairman, but surprisingly, he prefers to remain chairman of the Senate Banking Committee. Paul Kane reports for the Washington Post,

Dodd’s decision leaves the chairmanship of the Health, Education, Labor and Pensions Committee to Sen. Tom Harkin (D-Iowa), who follows Dodd in seniority. Multiple sources in the Harkin orbit, requesting anonymity to discuss internal deliberations, said that he is certain to take over the HELP committee.

Harkin is currently chairman of the Agriculture Committee and would have to give up that position. He would likely be replaced at Agriculture by Sen. Blanche Lincoln (D-Ark.), who faces a difficult reelection bid in 2010. Other Democrats are more senior than her on the Agriculture Committee, but they hold more prestigious chairmanships already.

Leaving the chairman’s position at Agriculture means Harkin will have less influence over the drafting of the next farm bill. On the other hand, the HELP Committee deals with a range of extremely important issues.

I have contacted Senator Harkin’s office seeking confirmation of this report, and I’ll update this post when I hear back from his staff.

UPDATE: Harkin will replace Kennedy as HELP chairman. His statement is after the jump, along with a statement from Iowa Democratic Party chair Michael Kiernan.

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