H.R. 800: Employee Free Choice Act

[Tristan]

Bad law with very misleading name. Unions and their Democrat supporters seek Saddam style open ballots. Open as in public and open as in "open ended" and therefore being unsettled until they win.

Sidenote: This passed the House in 2007 but was (thankfully) killed in the Senate later that year. However, should Obama win we could very likely see it or it's cousin again. Just fair warning! lol

Have a look:
H.R. 800 - http://www.govtrack.us/congress/bill.xpd?bill=h110-800

Letter Opposing H.R. 800, the "Employee Free Choice Act" (U.S. Chamber of Commerce)

The National Labor Relations Act (NLRA), enacted more than 70 years ago, established a system of industrial democracy that is similar in many respects to our system of political democracy. This system allows employees to determine if they wish to be represented by a particular union through an employee secret ballot election overseen by the National Labor Relations Board (NLRB). It protects the interests of both the employee and employer by ensuring that both sides have an opportunity to make their case, and employees are able to express their decision in private—free from coercion and intimidation.

Secret ballot elections have long been recognized as the preferred method for determining representation questions. However, 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 NLRA by giving unions the right to achieve recognition solely through the “card check” process; thereby, permitting labor unions to avoid secret ballot elections.

Under the card check approach, union organizers collect signatures of employees on authorization cards and present them as representing the true intent of the employees. However, as the Seventh Circuit Court of Appeals observed, “Workers sometimes sign union authorization cards not because they intend to vote for the union in the election but to avoid offending the person who asks them to sign, often a fellow worker, or simply to get the person off their back.”¹ Therefore, the card check process exposes employees to abuse, threats and intimidation because the union must accumulate the required number of signatures. The Employee Free Choice Act would elevate this inferior card check process to the principle method of recognizing a union; thereby, eliminating the employees’ long-standing right to secret ballot elections.

Due to the inherent and long-recognized problems with the card checks process, union members recognize that secret ballot elections are the fairest way to choose whether or not to form a union. In a poll by Zogby International, union members overwhelmingly (84% to 11%) indicated that employees should have the right to specifically vote whether or not to join a union.

Despite this, unions are emphasizing the card check process in their organizing drives, not because they do not win secret ballot elections–they win over 50%–but because it eliminates any chance of losing. As an open ended process, they can keep a campaign going as long as necessary rather than resolve the issue on a specific date as with an election. Not only are employees often targeted for intimidation, but the card check process also often leads to other coercive tactics, known as “corporate campaigns.” The campaigns are designed to pressure employers through demonstrations, false and misleading stories in news media, and other public expressions to recognize unions as the exclusive bargaining representative of their employees without having an election. These tactics are how organized labor's leadership intends to restore its declining membership base in the private sector.

Lean to the Right on Unions?
How the Employee Free Choice Act Takes Away Workers' Rights
How the Employee Free Choice Act Takes Away Workers' Rights

To protect American workers, Congress should:

- Protect workers' privacy during organizing drives and guarantee every worker the right to vote in a private-ballot election;
- Ensure that workers hear from both sides dur*ing an organizing drive and have time to reflect on their choice so they can make an informed and considered decision; and
- Protect the right of workers and employers to bargain collectively without having government officials unilaterally impose employment con*tracts on them.

Lean to the Left on Unions?
My Party
Should Respect
Secret Union Ballots
By GEORGE MCGOVERN (yes, THAT George McGovern)
My Party Should Respect Secret Union Ballots - WSJ.com

The key provision of EFCA is a change in the mechanism by which unions are formed and recognized. Instead of a private election with a secret ballot overseen by an impartial federal board, union organizers would simply need to gather signatures from more than 50% of the employees in a workplace or bargaining unit, a system known as "card-check." There are many documented cases where workers have been pressured, harassed, tricked and intimidated into signing cards that have led to mandatory payment of dues.

Under EFCA, workers could lose the freedom to express their will in private, the right to make a decision without anyone peering over their shoulder, free from fear of reprisal.

 

[Tristan]

As greenpartyaz saw fit to give me a "bad reputation" point for "union bashing BS" but failed to reply here, I'll expand a bit. (at terrible risk to my rep even, LOL)

My Pop retired from the Air Force and is now a pilot in a union. I've had a union job in the past (UPS) and a year and a half from now, will likely have a union job again in a "real" career. (undisclosed by choice)

IMHO, Unions can be good or bad just like buisness and just like government. The above does not "bash Unions" but is an attempt to bring light to a bad law that we may see again, and soon.

Again: (for the reading impared)

To protect American workers, Congress should:

- Protect workers' privacy during organizing drives and guarantee every worker the right to vote in a private-ballot election;

- Ensure that workers hear from both sides during an organizing drive and have time to reflect on their choice so they can make an informed and considered decision; and

- Protect the right of workers and employers to bargain collectively without having government officials unilaterally impose employment contracts on them.

 

[greenpartyaz]

As greenpartyaz saw fit to give me a "bad reputation" point for "union bashing BS" but failed to reply here, I'll expand a bit. (at terrible risk to my rep even, LOL)

My Pop retired from the Air Force and is now a pilot in a union. I've had a union job in the past (UPS) and a year and a half from now, will likely have a union job again in a "real" career. (undisclosed by choice)

IMHO, Unions can be good or bad just like buisness and just like government. The above does not "bash Unions" but is an attempt to bring light to a bad law that we may see again, and soon.

Again: (for the reading impared)

Ever since the Taft-Hartley law went into effect, it has put a choke hold on organized labor. In 1981, a significant event took place, when Ronald Regan fired 11,000 air traffic controllers, putting the nail in the coffin of organized labor, and setting the precedent that corporations could do whatever they want, as to labor law, and mistreatment of workers. Ever since workers have lost their rights in the workplace. The right to representation if they choose. Workers are intimidated by companies not to even breathe a word about organizing, or are threatened with loosing their jobs. Corporations have been increasingly engaging in intimidation tactics, such as meetings to discuss union activities, and checking employees positions on unions. The "Corporate Democrats" don't have the balls to call for the end to Taft-Hartley. So it is up to us greens to do so. Good luck with your union job, and remember, don't bite the hand that feeds you. Your job could easily go overseas in a heartbeat. Just ask millions of other Americans!

 

[Tristan]

Ever since the Taft-Hartley law went into effect, it has put a choke hold on organized labor. In 1981, a significant event took place, when Ronald Regan fired 11,000 air traffic controllers, putting the nail in the coffin of organized labor, and setting the precedent that corporations could do whatever they want, as to labor law, and mistreatment of workers. Ever since workers have lost their rights in the workplace. The right to representation if they choose. Workers are intimidated by companies not to even breathe a word about organizing, or are threatened with loosing their jobs. Corporations have been increasingly engaging in intimidation tactics, such as meetings to discuss union activities, and checking employees positions on unions. The "Corporate Democrats" don't have the balls to call for the end to Taft-Hartley. So it is up to us greens to do so. Good luck with your union job, and remember, don't bite the hand that feeds you. Your job could easily go overseas in a heartbeat. Just ask millions of other Americans!

Reagan was right but I would add, Air traffic control never should have been a government job to start with. Corporations can't "do whatever they want" thanks to goofball anti-trust laws they can be attacked from all sides.

People need the freedom to choose and the more the government gets involved the less choice we have. I want to be free to join a union and free to reject one. (and free to leave one union in favor of another union) H.R. 800 was an enemy of that choice.

sidenote: the job I will seek is can not be sent overseas but, I do get your point about that posibility for many Americans.