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"Riley Factor"
This article was featured in the March 2007
issue of Business Matters, the
Chamber's monthly print newsletter.
“Card Check” Bill To Be Re-introduced
One of organized labor’s top legislative priorities,
the “Employee Free Choice Act” or “card check” bill
is expected to be introduced in the 110th
Congress sometime this spring. Although similar
legislation did not pass muster in the 109th
Congress, the chances of the bill receiving approval
in this session have increased with the bill being a
priority with House Speaker Nancy Pelosi and the
Chairs of both the House and Senate labor
committees.
Many business groups, including the US Chamber of
Commerce and Industry and the National Association
of Manufacturers vehemently oppose the proposed
legislation.
Present law allows employees to determine whether or
not they wish to be represented by a union through
an employee secret ballot election overseen by the
National Labor Relations Board (NLRB). This system
protects the interests of both the employee and
employer by ensuring both sides have an opportunity
to make a case, and then the employees are able to
express their decision in private, free from
coercion or intimidation.
While secret ballot elections have long been the
most used method for determining representation
questions, under certain conditions, a union and an
employer are allowed to agree to union recognition
through the so-called “card check” process. The
Employee Free Choice Act would amend the National
Labor Relations Act to give unions the right to
achieve recognition solely through the card
check process and would eliminate secret ballot
elections. Under the card-check proposal, in order
to become a recognized bargaining agent, union
organizers need only persuade a simple majority of
workers to publicly and openly sign a card
indicating support for the union.
The legislation would also allow for an open ended
process. Organized labor can keep their campaign
going as long as it takes to get the necessary votes
rather than resolve the issue on a specific date
with an election.
One pressing question form business groups is why is
this legislation needed in the first place? After
all, it is not as if organized labor does not win
secret ballot elections, in fact they win over 50%
of the time. The reason why it is being pushed by
unions is simple--moving to the card check process
all but ensures they can not lose!
Fighting back card check legislation will be a tall
order this session. The National Association of
Manufacturers and other business and employer groups
have come together to form The Coalition for A
Democratic Workplace. If you wish to become an
active part of the effort to ensure the right of
workers to freely choose whether or not to be
represented by a labor organization, visit
www.NAM.org for details on how to join.
Meanwhile, our Chamber will be monitoring the status
of this legislation and will be communicating our
position to our elected officials. Heck, we might
even bring up the fact that secret ballot elections
seem to work for electing our political
representatives--why not continue using them for
elections in the workplace? |
