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OPINION

Employee Free Choice Act: PRO

Sunday, March 29, 2009
(Updated 12:01 am)

You have to hand it to Big Business — they have a lot of nerve. We’re experiencing the worst economic crisis — and the worst economic disparity — in well over a generation. Yet the same CEOs, chambers of commerce and Wall Street banks who brought this upon us now want us to believe that legislation to improve economic fairness is somehow undemocratic.

You’ll pardon me if I don’t believe them right away.

Right on schedule, Big Business is once again getting desperate and is resorting to fear in its efforts to defeat the Employee Free Choice Act. To hear them tell it, you would think that every American was going to lose their civil rights at work if we reform our labor relations laws. Nothing could be further from the truth and it’s time to set the record straight.

The corporate spin has two key parts: They say that the new law would take away a worker’s right to vote on whether to join a union and would subject workers to intimidation by unions.

The facts show that both of these claims are disingenuous and patently false.

First, let me be very clear: The Employee Free Choice Act does not do away with the secret ballot election system in union organizing.

It is important to consider a historical perspective on this issue. Current law calls for an election once at least 30 percent of the eligible employees at a workplace have signed cards expressing their desire to join a union. However, prior to a 1974 U.S. Supreme Court ruling, it was the workers’ choice whether to have an election or to use majority sign-up as the method of forming a union.

Big Business sought the 1974 ruling because it took the choice away from the workers and gave it to the employer. The Employee Free Choice Act merely returns the choice of a secret ballot or majority sign-up back to the worker. If 30 percent of a bargaining unit wants an election under the new law, they can file cards and have one.

Big Business’ second key argument to keep current law warns that the new law would subject workers to union intimidation. Once again, independent data show that this idea is absurd.

According to National Labor Relations Board, there have been only 42 cases alleging intimidation or coercion against unions over the past 70 years. Yet, the board has investigated hundreds of thousands of charges against employers during that same time. In 2007 alone, there were more than 16,000 such cases filed by workers against employers.

Yes, intimidation is undermining America’s labor laws. But the danger clearly flows from Big Business, not labor unions. I am involved in union organizing campaigns every day in North Carolina, so I know, first hand, that managers routinely break the law by using intimidation to stop workers from enjoying the benefits of being union members.

A recent University of Illinois at Chicago study shows that 30 percent of employers fire pro-union workers during organizing drives. This creates fear in the workplace, causing many workers to back away from the union. As a result of intimidation, the question of joining a union never even comes to a vote in 40 percent of organizing campaigns.

Of course, Big Business doesn’t want you to know that. They want you to believe their tales of woe. The problem is, they don’t have any credibility left. It’s time to stand up to the corporate bosses and tell them, enough is enough. It’s time to stand up for workers’ rights and support the Employee Free Choice Act.

The writer is president of Teamsters Local 391.

 

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rogerram

March 30, 2009 - 11:09 am EDT

Employee Free Choice Act: CON

Now, with a Democratic president and a Democratic majority in Congress, it's payback time for labor. At least labor thinks so. Union members were generous financial supporters of Barack Obama and played an important role in getting out his vote in some states. They have every right to expect a labor friendly administration but there are limitations.

Proponents of Employee Free Choice Act (EFCA) the act will tell you EFCA is not taking away the employees right to a secret ballot election. This is an unethical statement at best. Yes in theory there could be a secret ballot in certain circumstances. There is one small loophole that would still allow for a secret ballot election in only certain instances. That small loophole will only account for a small percentage of bargaining units actually being unionized. Under EFCA, the vast majority of workplaces will be unionized by a simple majority of cards being signed by employees with no election taking place.

Another misconception is that there is nothing in the proposed legislation gives the workers any choice over which organizing method is used (card check or secret ballot)....that's left up to the union to decide. Organized labor's well documented preference for the card-check recognition method makes it clear that they would never choose the private election method.

Today, less than 8% of private sector workers today belong to unions, a number that has been falling for decades. Organized Labor’s is claim that membership is down because companies sack pro-union employees and threaten to shut down if workers organize.

But the National Labor Relations Board, which fields these complaints, rejects almost all of the allegations after inspection. In 2005, for example, the NLRB found evidence of illegal firings in only 2.7% of the organizing election campaigns that took place that year.

Maybe instead of EFCA unions should look internally at why they are losing market share. Two tier contracts, Bill Clinton signing NAFTA into law and the union just not doing a great job of supporting their membership are far more likely cause of their current membership declines.

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