On February 25, 2009, Senators Jim DeMint (R-South Carolina) and Mike Enzi (R-Wyoming) introduced the Secret Ballot Protection Act (SBPA), intended to guarantee workers the right to have a secret ballot election conducted by the National Labor Relations Board in union organizing campaigns. In introducing this legislation, the senators fault both current law that permits employers to waive secret ballot voting and the anticipated EFCA, which if passed would likely curtail the number of secret ballot elections. As separately discussed in this Advisory on page 1, the EFCA would provide a “card check” process, which in Senator DeMint’s view, is “un-American” and “allows bullying and peer pressure to influence votes.” The SBPA has 16 original co-sponsors in the Senate. The SBPA has also been introduced in the House, with more than 100 co-sponsors, including Minority Leader John Boehner (R-Ohio). We will track this legislation and advise you of important developments.