In a speech Tuesday on the Senate floor, Senator Arlen Specter (R. Pa.) announced that he would not support the Employee Free Choice Act (the “EFCA”). Senator Specter supported the EFCA when it was introduced in the Senate in 2007 and represented a pivotal vote in unions’ hopes of obtaining the 60 votes needed to invoke cloture and avoid another Senate filibuster.

Calling the secret ballot “the cornerstone of how contests are decided in a Democratic society,” Senator Specter indicated that he opposes the bill’s so-called card-check provision, which would functionally eliminate the secret-ballot election from union organizing campaigns. Specter also spoke out against the EFCA’s binding arbitration provision because it might force employers into a contract that they cannot live with. Specter did, however, state that he would reconsider his vote when the economy improves.

Senator Specter's announcement deals a heavy blow to unions and supporters of the EFCA. In 2007, an identical version of the bill died on the Senate floor, receiving 51 of the 60 votes needed to end debate and force a final vote. The votes were cast along party lines, with Senator Specter providing the bill’s sole Republican support. This time around, Democrats have gained seats in the Senate, but would still need Republican support to garner 60 votes and avoid a Republican filibuster. Unless Senator Specter reverses his stance on the EFCA, the bill’s chances of passing through the Senate as-written are now significantly lower.