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Card Check For Dummies

by The Reverend on February 9, 2009

in Uncategorized

Union membership in America by the numbers since 1950……

In the mid-1950s, 36% of the United States labor force was unionized. Even at America's union peak in the 1950s, union membership was lower in the United States than in almost all comparable countries. Link

…there were 16.1 million union members on the employment rolls at the end of last year, amounting to 12.4 percent of the U.S. workforce. Link

The decline of private sector union membership is the heart of the issue, dropping from 19 percent to under 8 percent in just 25 years. Link

Wages for all workers, despite big gains in productivity, has remained flat since the middle seventies….

productivity_wages_graph

What today's employers do to stop workers from unionizing….

Ninety-two percent of private-sector employers, when faced with employees who want to join together in a union, force employees to attend closed-door meetings to hear anti-union propaganda; 80 percent require supervisors to attend training sessions on attacking unions; and 78 percent require that supervisors deliver anti-union messages to workers they oversee.

Seventy-five percent hire outside consultants to run anti-union campaigns, often based on mass psychology and distorting the law.
Link

If that wasn't difficult enough for workers seeking to organize, we also have this….

Even after workers successfully form a union, in one-third of the instances, employers do not negotiate a contract.

There is a big fight coming between minority Republicans, who represent capital and business, and majority Democrats, who represent workers…..over something called EFCA….Employee Free Choice Act.

What the EFCA, or "card check", will do…..

The Employee Free Choice Act would allow workers, not corporations, to choose whether and how they want to form a union. It would give workers a fair chance to form unions to improve their lives by:

• Guaranteeing that if a majority of workers wants a union, they can have one, allowing them to form unions by signing cards authorizing union representation;

• Providing mediation and arbitration for first contract disputes; and

• Establishing stronger penalties for violation of employee rights when workers seek to form a union and during first contract negotiations. Link

The biggest fraudulent campaign waged since W. and his Dick lied to America about Iraq being a "grave and gathering danger"….is the frenzied campaign to convince Americans that card check eliminates the secret ballot. It doesn't…..and they're lying about it.

Here's the essential, and truthful, points on the matter….

EFCA doesn't eliminate secret ballot elections. Since the National Labor Relations Act was passed, there have always been two ways to join a union, either through "card check" or a ballot election. Current law allows companies to force an election, even if a majority of workers have signed up. In effect, EFCA switches the choice to the workers; they can choose whether to hold a card check election or whether they want a regular secret ballot election. Effectively, EFCA would increase the frequency of card check elections, which are easier for unions to win. Link

The issue is really not secret ballots versus no secret ballots…..that's a dishonestly contrived distraction. The issue is whether employers or workers get to choose how the workers can organize.

In addition, it's crucial to any discussion on this topic to take into consideration the current rules on how an already unionized workforce can decertify that status, if they so desire. The essential part of the video below….

"currently, if unionized workers no longer want to be in a union, they sign a petition (card check) and when a majority is reached of 50% + 1 , then the union is decertified." "if people can decertify with a petition, then they should be able to certify with a petition."

Start at the 2:40 mark…..


Detailed discussion also found here.

  • larry d.

    The obvious question is why is it easier for unions to win card check elections? The obvious answer is because union thugs can exert pressure that way.

    That said, decertification should likewise come through secret ballot voting.

  • angry conserv

    Makes perfect sense to me but why not take it one step futher and we wont need unions.
    Post some graphs showing why Dems. should be elected, point out the lies and anti-Democratic party slander of the right-wing talk shows and do away with secret ballots. By deciding the election result by who can get the most signed cards is truly following the will of the people. The Reps. would try to intimidate the people but the Dems. reasoned thoughtful explanations would win the day. Hell lets just do it right. Scew secret ballots give me a card I want to endorese the Dems. forever. Long live Chavez

  • angry conserv

    I do agree that decertification should be done by secret ballot so as not to allow the company to use intimdation or any form of coercion to get the cards signed

  • Da King

    Rev,
    I have to congratulate you on this post. You presented some reasoned and factual data, and influenced my thinking on this subject to a degree.

    But the answer is not to replace the secret ballot with card check, nor to make the secret ballot optional. The answer is to make the secret ballot universal, for both certification and decertification. Therefore, EFCA is unamerican and a definite step in the wrong direction.

  • The Reverend

    I think the point still escapes some readers. The point isn't about secret ballot or petition sign up….because both are options now and will be options after EFCA is passed.

    The bone of contention is WHO chooses the option. Workers or employers.

    Workers are the ones choosing to organize or not organize, right?

    Therefore, workers are the ones who should choose which option to use.

  • Roy

    The union, like the horse and buggy, has outlived its usefulness. There are enough labor laws in this country to protect employees so the union's real mission is to line their pockets and act as organizers for the democratic party.

    If this gets passed the entire country will look like Detroit.

  • The Reverend

    Huh?

  • angry conserv

    Please explain exactly how it is decided whether it is secret ballot or card sigs and when you say the workers decide define the workers please.

  • larry d.

    I'd also still like to know why it's easier for unions to form with the card sigs.

  • The Reverend

    Answer from Wikipedia…..not totally reliable….but not bad, either…

    "The two methods for recognizing a union in the United States begin with an employee petition for representation by a union. If at least 30% of employees sign petition cards requesting a union,[2] then the cards are submitted to the National Labor Relations Board (NLRB) for a secret ballot election. If more than 50% of employees certify their desire for representation, then a union can choose to form using card check procedures. Under current U.S. law, the employer need not recognize the card check petition and can require a secret-ballot vote overseen by the NLRB."

    The last sentence is what the new legislation will change. Contrary to conservative rhetoric, it is more democratic for the workers to make the decision and NOT the employer.

  • larry d.

    Unless I'm mistaken the workers don't decide in either case. It's the employer on one hand or the union/union activists on the other.

  • Da King

    Rev, it's you who doesn't understand. Arguing for anything other than the secret ballot in voting is a travesty. There shouldn't be any other choice. If a person's vote is known publicly, he/she is subject to intimidation. This is a no-brainer.

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