Neil Cavuto and Bret Baier falsely claimed that the Employee Free Choice Act would, in Baier's words, “do away with the secret ballot in votes to unionize.” In fact, as The Christian Science Monitor noted, EFCA would give “workers a choice of forming a union through majority sign-up ... or an election by secret ballot.”
The March 24 editions of Fox News' Your World and Special Report advanced the myth that the Employee Free Choice Act (EFCA) would abolish the National Labor Relations Board's (NLRB) election process. On Your World, host Neil Cavuto said the legislation “would end the secret elections.” Similarly, on Special Report, host Bret Baier said, “The bill would make it easier for employees to form unions and would do away with the secret ballot in votes to unionize.” In fact, as The Christian Science Monitor has noted, "[t]he proposed law gives workers a choice of forming a union through majority sign-up ('card check') or an election by secret ballot." Indeed, as The New York Times reported, “Business groups have attacked the legislation because it would take away employers' right to insist on holding a secret-ballot election to determine whether workers favored unionization” [emphasis added].
Moreover, Employee Free Choice Act supporters say employers often use the election process to delay, obstruct, and intimidate workers in an effort to resist organizing efforts.
From the March 24 edition of Fox News' Your World with Neil Cavuto:
CAVUTO: All right, our friends at Dow Jones are reporting right now that Republican Senator Arlen Specter of Pennsylvania -- in fact, he's facing an uphill re-election battle next year, I believe -- is going to come out against the so-called card check bill, a top union labor priority. This is the one, you know, that would end the secret elections, and of course it's been a divisive battle.
His vote was considered a crucial swing vote; now ,he's indicating that he will not support this -- not vote for the Employee Free Choice Act. That will be a very, very big blow to unions. We're going to keep on this. We're trying to call Senator Specter now to get his reaction -- why he decided this, why he's moving in this direction -- but we'll keep on top of this. But this is a stunning blow to the labor movement, because they thought that vote was a gimmie.
From the March 24 edition of Fox News' Special Report with Bret Baier:
BAIER: Pennsylvania Republican Senator Arlen Specter says he will oppose the Employee Free Choice Act, also known as card check. The bill would make it easier for employees to form unions and would do away with the secret ballot in votes to unionize. Specter was the only Republican who supported the measure two years ago, and without his vote this time around, card check would likely fail or never be brought to the floor.