By Arch Galloway, Director of Government Relations, and John Walk, Senior Government Relations Advisor

While H.R. 800 (the Employee Free Choice Act) moved quickly through the House of Representatives, having gone from introduction to passage in just 24 days, Senate rules are considerably more complicated and deliberative, favoring extended debate over limited discussion. Senate staffers privately refer to this issue as “nuclear,” so the maneuvering is expected to be intense.

In the days since the March 1, 2007 House passage of H.R. 800, the bill has been “engrossed” in the House and formally presented and “read” in the Senate. Engrossment entails Congressional staffer making sure that all amendments during debate are properly placed into the bill (sometimes text of amendments are handed to a clerk on a napkin) and correcting any typographical errors. H.R. 800 was read for the first time in the Senate on March 1. A second reading occurred on March 2, and the bill was placed on the Senate Calendar as #66. It is currently being held pursuant to Senate Rule 14.

The measure will ultimately be referred to the Senate Health, Labor, and Pensions Committee (HELP), chaired by Senator Edward “Ted” Kennedy (D-MA).

Most observers anticipate that Senator Kennedy will not take up H.R. 800 but will instead draft a “companion bill” with his name and the names of numerous co-sponsors. It is expected to be substantially the same as H.R. 800 but will have a Senate number (S.___). Senate staffers expect that Senator Kennedy plans to introduce his companion bill before the Easter Recess (beginning March 30) and hold one or two Committee hearings to consider the legislation.

While the committee would apparently like to report out a bill for Senate floor consideration before the Easter recess, there is very little chance that will happen. The Senate calendar is crowded with the Defense Supplemental, Stem Cell research, and the Budget Resolution, all of which will consume up considerable floor time in the weeks ahead. In addition, it is virtually certain that Republican Senators plan to offer various amendments during the Committee’s deliberations. This could extend the Committee’s work.

If the measure is passed in the Committee, it may or may not be dramatically different than the original bill. There is some discussion on the Hill indicating that Democrats may be willing to compromise on card-check and possibly even arbitration in order to bring the measure to the Senate floor. This would be a mere strategic move, and not an abandonment of those provisions. The intent would be to get to the Conference Committee (where differing House and Senate provisions of companion bills are debated and a single legislative vehicle agreed upon for both houses to vote consider). Labor’s supporters would likely attempt to re-insert the compromised provisions during the Conference debate.

After clearing the Committee, the bill is expected to face even more intense political maneuvering. First, Senate Majority Leader Harry Reid (D-NV) would make a "Motion to Proceed" on the legislation. An objection would then be heard from the Minority Leader Mitch McConnell (R-KY) or his designated representative. “Filibuster” would then be contemplated. This is a tactic by which one or more Senators continue debate indefinitely, until the Majority Leader decides to move to other legislation.

All indications are that the bill would be filibustered. In fact, the speculation currently is on who will conduct the filibuster, not whether one will take place or not.

A filibuster can be ended only upon a successful “cloture” motion. Such a motion must be signed by 16 senators, at which time the following question would be submitted to the Chamber for a yea or nay vote: "Is it the sense of the Senate that the debate shall be brought to a close?"

Sixty votes (3/5’s of the entire Senate) are required for a cloture motion to be successful.

It is currently believed that Senator Michael Enzi (R-WY), the Ranking Member of the HELP Committee is moving aggressively to obtain 41 signatures on a letter that would demonstrate to the Majority Leader that floor action would be futile. Republican leaders believe that they are likely to be able to obtain those signatures. While that would not guarantee that the measure would not go to the floor, it may make floor action a mere formality because, as noted above, there are many other important matters on the Senate agenda during this term.

Arch Galloway is Director of Government Relations in Kilpatrick Stockton’s Washington, DC office. Until early 2007, Mr. Galloway worked for ten years as Senior Defense Policy Advisor for Senator Jeff Sessions (R-AL). His work included dealing with civillian labor issues on defense installations. Prior to his work with Senator Sessions, Mr. Galloway was Army Senate Liaison for three years.

John Walk is a Senior Government Relations Advisor in Kilpatrick Stockton’s Washington, DC office. Prior to entering private practice, Mr. Walk worked for six years in the U.S. House of Representatives for Members on the exclusive Rules and Ways and Means Committees. Mr. Walk served as an aide in the offices of Representative Xavier Becerra (D-CA), former Representative Tony Hall (D-OH), and Representative Lynn Woolsey (D-CA).