The Unions Needed One More Vote

A strategy fails, and the Senate blocks the labor reform bill

The nation's labor unions have been dwindling in recent years in both membership and political clout. But they mustered all the lobbying power they could behind the Labor Reform Act of 1978. Pressured by AFL-CIO Boss George Meany, President Carter gave the bill forceful, if not all-out, support. But businessmen, large and small, rallied strong opposition, arguing that the bill would put them at a disadvantage with Big Labor and lead to a wave of organizing, particularly in the South, where unions have been weak. Last week, after the bill had been stalled for 19 days by a filibuster, labor's forces suddenly lost, at least for now, in a showdown on the Senate floor.

The bill would have made union organizing easier by simplifying the enforcement of existing labor-relations laws. A key provision would have given any worker fired for union recruiting--such firings are already banned by law--time and a half in back pay. At present, such a worker must be given normal retroactive pay. Another provision would require that elections among employees on whether to form unions be held in at least 35 days; current law specifies 45 days.

During the fight, the Senators were inundated by millions of letters, postcards and phone calls from both sides. Teams of labor lobbyists roamed the Capitol Hill corridors. Business supporters papered the Hill with statements, studies, polls and visits from small businessmen.

All along, the Administration and Senate Democratic leaders were confident that they had a firm majority of votes for passage of the bill. But they were not certain they could enlist the 60 votes needed to cut off the filibuster led by Republican Senators Richard Lugar of Indiana and Orrin Hatch of Utah. Lugar argued that owners of small businesses are "overtaxed and overregulated" and had a legitimate fear of a "further extension of union organizing power and of a strengthened National Labor Relations Board." He had helped prepare 1,200 amendments that could have come up for votes, one by one, if their filibuster failed.

An equally intent Senate majority leader, Robert Byrd, repeatedly called for cloture votes to end debate. Through five such roll calls, the antifilibuster support slowly mounted from 42 to 58. Last week Byrd was ready with a plan to reach the magic 60 votes on the sixth attempt.

Byrd knew he had 58 votes. He hoped that he could persuade Alabama Democrat John Sparkman to cast the 60th vote if the 59th could be secured. Byrd had acquired a pledge of that vote from Louisiana Democrat Russell Long, who would switch from his pro-filibuster stand if, among other things, the bill were amended to outlaw labor's use of "stranger" pickets, workers from one plant who join picket lines at another. Byrd planned to send the bill back to the Human Resources Committee to add the Long provision.

But as shrewd Parliamentarian Byrd began to put his plan into action, it went awry. When he made his motion to recommit, his foes were bemused. "The sweeping generosity of the majority leader's offer had not dawned on anybody," Lugar slyly recalled. Long took the floor to let all Senators know that he would provide a 59th vote for cloture. But, South Carolina Democrat Fritz Rollings, who sensed that Byrd would not get the vote, scoffed at Long, claiming that the bill's opponents had expected him to jump ship from the beginning. As the Senate mood turned surly, Alaska Republican Ted Stevens said that if Long was switching, then tie too would shift sides--and would vote against cloture. Byrd's carefully nurtured 59 votes had dropped to 58.

The majority leader tried to save the situation by building up such a large vote for sending the bill back to committee that it would be seen as a mere tactical maneuver. But the Senators understood Byrd's strategy--he no longer could cut off debate under any conditions. The motion to return the bill to committee then carried unanimously. Although Byrd vowed that he would bring the legislation back for action on the floor without another filibuster, he had certainly lost this round.

Said Senate Republican Leader Howard Baker: "The principal battle is over. I don't expect the bill to come back." He reached out and grabbed the hand of Indiana's Lugar. "Richard, you do good work," said Baker. Indeed, the Republicans had not only stung Jimmy Carter with a legislative defeat but they had shown once again that Big Labor no longer packs a big wallop in Congress.

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