Many of you may have seen the DoNotLetEvanBayhKillJobs.com billboards or heard similar radio commercials in this area. Let us explain.

In 2007, Sen. Evan Bayh co-sponsored the misnamed Employee Free Choice Act, commonly referred to as “card check.” Under this legislation:

•Unions would be formed once 50 percent plus 1 (a bare majority) of those working at a particular site sign cards, eliminating a secret ballot vote by employees.

•Binding arbitration is mandated if a labor agreement is not reached within 120 days, meaning that a federal official would make binding decisions regarding employee pay, health care, vacation policy and other work-related conditions – without the approval or agreement of employees or the employer.

•Penalties on employers who violate the act would increase significantly, with no increase in penalties to unions.

Back then, the bill failed. This year, we may not be so lucky, especially because of an unfortunate turn of events in the last few days.

Sen. Arlen Specter of Pennsylvania just announced that he will switch his vote and support the advancement of the current bill (S.560) in the Senate. As the important 60th vote, Sen. Specter’s announcement makes it even more critical that Sen. Bayh forcefully and publicly withdraw his previous support for all provisions of this dangerous measure.

According to a study by noted economist Dr. Anne Layne-Farrar, director of LECG Consulting, more than 5 million jobs would be lost in the years ahead if S.560 passes Congress and is signed into law by President Obama, which he has committed to do if it reaches his desk. Because of our state’s reliance on manufacturing, Indiana would lose a disproportionate share of those jobs.

Some have talked about removing the secret ballot provision of S.560, but the other provisions are equally damaging: expedited elections with new rules favoring unions only, mandatory binding arbitration and a one-sided increase in penalties.

This means that unions could continue to engage in all union-organizing activities without increased penalties, but those on employers who violate the act could include fines of up to $20,000 for repeat violations, among other things. In other words, unions could use the threat of increased fines as an organizing tactic and file unfair labor practices against businesses.

Businesses would have to legally defend themselves against the complaints or face fines up to $20,000 per incidence. The legal fees could be enormous and could literally force some businesses to fail or accept a union.

With the nation’s attention turned to health care during the congressional August recess, it is easy to overlook the importance of S.560. An overwhelming number of Hoosiers already oppose S.560, according to recent polls. They understand that too many Hoosiers are already out of work, and Indiana can’t afford to lose even more jobs to this dangerous legislation.

More lost jobs, increased unemployment and stifled job creation – every day this bill has life, employers are delaying investment and hiring decisions. Bayh has the power to stop the next big blow to the Indiana economy that would come with S.560.

We hope he will stand up for Hoosier jobs.