Under current law, unions may ask workers if they want to unionize by signing a card which goes to the National Labor Relations Board (NLRB) who certifies the results. The employers do not get to see who signed the cards.
If 30% of the workers want a union, the union may ask the NLRB to hold a secret ballot. Unions tend not to do that because they really need 50%.
If 50% secretly sign the card for union representation, the employer may then ask for the secret ballot. Since it takes at least a couple weeks before the NLRB can set up the election, employers can “persuade” workers or hire specialized companies who will do that for them! It is not uncommon for workers to be scared out of voting for a union.
The EFCA bill is designed to minimize corporate manipulation by allowing the secret card signing by 50% of the workers to be the vote to unionize.
Unions would be much less necessary if employers had their employees’ interests at heart.
While the St. Petersburg Times fact-checking website (www.politifact.com) says there would be fewer secret ballots under EFCA, their description indicates the card signing is kept secret from the employers and other votes, though secret, would be less needed under EFCA.
Rep. Rooney made the mistake of using a “talking point” about EFCA without reference to what is involved in current labor law and practice.
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Dave sent this by e-mail:
Jerry,I have been working closely with the Labor movement the last four years as chair of a group called "Faith Community for Worker Justice." As such I have been involved in organizing efforts and so have seen first hand what you are talking about.I have a few extra details to add to your account --re: card check. The original law (National Labor Relations Act) specified that a union could be authorized either by 50%+ of the workers signing cards, or by special election. During the Reagan administration, corporate interests got the NLRB to change the rules so that companies could "veto" card check -- thus mandating elections every time. The results were as you described.The company brings in professional "union busters," they are ruthless -- no blow too low. Among the techniques used -- employee meetings where they are endlessly lectured on the evils of unionism -- about how the union dues will take away more than whatever they gain in salary. Also, one on one grilling sessions with their supervisors - more fear and intimidation. Those perceived to be union sympathizers are either fired or given the scut work -- the least desirable jobs or jobs that will keep them away from the other workers. Workers are not allowed to talk to each other on the job. In other words, by the election, they have most employees convinced that the place will be even more of a living hell than it is now if they vote for the union. Works almost every time. It is frightening to watch. (which I have) EFCA would return card check as a method of authorizing a union. Employers don't want it because it does not allow them time to do the same terror campaign they have with elections. Union membership has gone down from about 35% in the 50's to 7% at the present. Getting rid of card check played a large part in this decline. Corporate America would like to get rid of unions altogether -- but defeating EFCA will do for now. This may be the most important piece of legislation in our lifetime. Unionism gave birth to the American middle class. Union jobs enabled ordinary people to get houses, cars, vacations, college educations for their kids. When we are all back at minimum wage, those things won't be possible. The decline of unionism has increased the income gap -- the rich are more wealthy than they ever have been (all those multi million dollar bonuses) while more and more people are falling out of the middle class -- losing their homes, their retirement accounts, education funds, etc. I believe that the end result that corporate America is going for is two classes -- the aristocracy and the serfs (ordinary workers.) And we will be right back at the Middle ages again. How will our kids and grandkids live?
Grace and Peace,
Dave Heckenlively
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