By: Brad Meier, President/CEO, Owatonna Area Chamber of Commerce & Tourism
Now that Congress has passed a stimulus package, one of the next pieces of legislation could drastically change the way businesses operate and interact with their employees. You might have heard about Card Check, otherwise known as the Employee Free Choice Act (EFCA). It’s legislation that would take away an employee’s right to a secret ballot when voting for or against a union.
The concerns about taking away a secret ballot are many, but most importantly because it puts the employee in an awkward position where both the business and the union will know how he or she votes. During Card Check organizing drives, workers have to publicly declare their support or opposition to union representation, exposing them to intimidation, harassment and coercion. Although current law permits use of card check procedures in certain circumstances, the federal courts have explicitly said that card checks are inferior to secret ballot elections as a method for discerning the true wishes of employees.
In addition, the legislation does not take away secret ballot for decertification votes.
This legislation, if proposed as it was in 2007, would not only take away secret ballot, but would also create a binding arbitration scenario after 120 days. This would allow federal government arbitrators to dictate wages, benefits and all other terms and conditions of the workplace under a union contract, and then deprive workers of the chance to vote on that contract. Under normal contract negotiations employees have the opportunity to ratify a contract. This expansion of government power takes away the direct relationship between the worker and employer and puts the determination of a workers contract in a third party’s hands.
Finally, the Employee Free Choice Act imposes dramatic new penalties on employers for violations of the National Labor Relations Act, but not a single new penalty on unions or labor organizers. Under one provision of the new penalty structure, employers would be vulnerable to an injunction reinstating a dismissed employee if that employee, or the union seeking to represent him or her, merely alleges that the dismissal was because of union activity. Such a low threshold goes against all traditional labor law due process.
The Owatonna Area Chamber of Commerce & Tourism, on behalf of its members, is opposed to this legislation because of the ramifications it would have on workers and businesses. It is a fundamentally flawed bill that will negatively change the way America does business.
In 2007, Card Check passed the U.S. House of Representatives by a vote of 241-185. The bill had a slim majority of support in the Senate, but fell to a filibuster on a 51-48 vote. 60 votes are needed to end a filibuster (known as cloture).
The political dynamics have changed as a result of the 2008 elections. Card Check advocates have expanded their majority in the House and in the Senate. However, the economy has worsened, labor is winning elections, and there is a real possibility this legislation could pass.
Consideration by the House is expected soon followed by the Senate debate. 60 votes is a significant but reachable goal for the bill’s proponents.
Congressman Tim Walz voted for this legislation in 2007; however, at a recent meeting in Owatonna stated he had not made a decision about his vote this time around. We encourage employees and business leaders to contact their Congressional representatives to voice concern and opposition to this legislation. Let’s position the economy for future success.
For a sample letter and our Congressional contact information, go to www.owatonna.org.
The concerns about taking away a secret ballot are many, but most importantly because it puts the employee in an awkward position where both the business and the union will know how he or she votes. During Card Check organizing drives, workers have to publicly declare their support or opposition to union representation, exposing them to intimidation, harassment and coercion. Although current law permits use of card check procedures in certain circumstances, the federal courts have explicitly said that card checks are inferior to secret ballot elections as a method for discerning the true wishes of employees.
In addition, the legislation does not take away secret ballot for decertification votes.
This legislation, if proposed as it was in 2007, would not only take away secret ballot, but would also create a binding arbitration scenario after 120 days. This would allow federal government arbitrators to dictate wages, benefits and all other terms and conditions of the workplace under a union contract, and then deprive workers of the chance to vote on that contract. Under normal contract negotiations employees have the opportunity to ratify a contract. This expansion of government power takes away the direct relationship between the worker and employer and puts the determination of a workers contract in a third party’s hands.
Finally, the Employee Free Choice Act imposes dramatic new penalties on employers for violations of the National Labor Relations Act, but not a single new penalty on unions or labor organizers. Under one provision of the new penalty structure, employers would be vulnerable to an injunction reinstating a dismissed employee if that employee, or the union seeking to represent him or her, merely alleges that the dismissal was because of union activity. Such a low threshold goes against all traditional labor law due process.
The Owatonna Area Chamber of Commerce & Tourism, on behalf of its members, is opposed to this legislation because of the ramifications it would have on workers and businesses. It is a fundamentally flawed bill that will negatively change the way America does business.
In 2007, Card Check passed the U.S. House of Representatives by a vote of 241-185. The bill had a slim majority of support in the Senate, but fell to a filibuster on a 51-48 vote. 60 votes are needed to end a filibuster (known as cloture).
The political dynamics have changed as a result of the 2008 elections. Card Check advocates have expanded their majority in the House and in the Senate. However, the economy has worsened, labor is winning elections, and there is a real possibility this legislation could pass.
Consideration by the House is expected soon followed by the Senate debate. 60 votes is a significant but reachable goal for the bill’s proponents.
Congressman Tim Walz voted for this legislation in 2007; however, at a recent meeting in Owatonna stated he had not made a decision about his vote this time around. We encourage employees and business leaders to contact their Congressional representatives to voice concern and opposition to this legislation. Let’s position the economy for future success.
For a sample letter and our Congressional contact information, go to www.owatonna.org.
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