The Employee Free Choice Act
The opportunity to vote privately is a fundamental right for U.S. citizens. After a series of problems with the prior voting method, U.S. workers received the ability to cast their vote for or against a union using the private ballot method in 1947. However, the positive strides U.S. workers have experienced thus far are being threatened by the so-called Employee Free Choice Act.
In 1935 Congress passed the National Labor Relations Act which allowed unions to organize workplaces using secret ballot elections or “other suitable methods” to determine union representation. The “other suitable methods” included card-check systems in which union organizers would ask workers to sign union cards to signify their desire for union representation. The card-check method created severe problems within the workplace ranging from forced signatures to harassment and violence.
In 1947 legislators recognized the significant problems that card-check and other forms of union election presented and enacted legislation that removed the language that allowed for “other suitable methods” such as card-check to be used for union representation. With the removal of this language, secret elections became the preferred method of union election.
Legislation, pending in the U.S. House and Senate entitled H.R. 800 and S. 1041 respectively, would threaten the rights of U.S employers and employees by taking the workforce back over 60 years to a method of voting that has been proven to be ineffective and unfair.
The Employee Free Choice Act will prove to have an especially negative impact on small businesses throughout the country. Small businesses pride themselves on the strong and unique relationships they cultivate with their employees. Small business owners are able to form strong bonds with their workforce and provide flexibility for their employees based on the character and specific needs of their company. If union representation is something employees are asking for then the appropriate method for union election is through private voting – not public card-checks.
In addition, the Employee Free Choice Act would be detrimental to small businesses because of the vulnerability that many small businesses exhibit. Because they are less likely to have labor counsel, union organizers view small businesses as being less resistant. Moreover, the Employee Free Choice Act removes the opportunity for employers to present their side of the issue. Union organizing by card check is conducted so quickly that employers are often unable to present their argument against union representation. And, in many instances, union organizers force employers into signing nondisparagement agreements, barring them from expressing any real opposition against union representation.
The Employee Free Choice Act opens the door for a multitude of problems within the workplace. In the past, it has been proven that public voting methods such as card-check removed the privacy a worker deserved as he or she voices an opinion on union representation. With the reintroduction of the card-check method, union organizers will have the ability to publicly campaign and ask workers to sign the union cards. If a worker chooses not to sign, it is not considered a “no” vote but, rather, a “not right now” statement and the union organizers will likely continue to ask the worker to sign the card until he or she actually does so – regardless of whether or not it is willfully.
The Employee Free Choice Act removes the privacy that secret voting provides to U.S. workers and lends itself to the likelihood that a large number of workers will commit to union representation due to the pressure by their peers and the union organizers. If a worker desires to have union representation the correct method to accomplish this goal is through a secret voting process where workers are able to talk publicly about the issue but the ultimate vote is done in private – free from external pressures.
COSE asks that you do not support the Employee Free Choice Act and reinforce the importance of the privacy of our workers.