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March 11, 2006

Card Check Under Their Skin

    It's been a fairly accepted idea that many unions are abandoning the process of organizing workers via the National Labor Relations Board election procedures. According to Steve Greenhouse's piece today, card check is overwhelmingly becoming the accepted route to unionization:

Card checks were used to sign up roughly 70 percent of the private-sector workers who joined unions last year, according to A.F.L.-C.I.O. officials. That compares with less than 5 percent two decades ago.

    Employers are freaking out about card check because it does remove much of the ability of companies to intimidate workers. So, they are trying to get card-check declared illegal via a bill by Rep. Charlie Norwood (a real dim bulb in the House).

"Union thugs are allowed to confront individual workers on the job and at their homes, and demand the worker sign a card giving the union exclusive rights to representation," Mr. Norwood wrote in an op-ed article in The Washington Times.

    Can't they come up with more updated language than "union thugs?"

    One thing I wish the AFL-CIO, and reporters like Greenhouse, would stop doing is misleading people about the Employee Free Choice Act. Greenhouse writes:

Labor unions are backing a bill that would give unions the right to use card checks while taking away the right of companies to insist on secret-ballot elections. The bill has 210 co-sponsors in the House and 42 in the Senate.

But even supporters say it will probably not pass in this Congress because President Bush is likely to veto it.

    That bill has no chance of passing anytime in the next decade or two, unless you believe it can attain 60 votes in the Senate to break a filibuster. Much of the rhetoric about the 2006 elections and beyond promises that if the Democrats take over the Congress, the bill will pass.

    This is just misleading. Even if you want to believe that the Democrats could win 60 seats in the Senate (and that would require you to also believe Barry Bonds never touched steroids), the Democratic Party is not a bastion of union support. Remember, back in the 1990s, when the bill to ban permanent replacement workers in strikes (that would be scabs) was just two votes short of the 60, it was the 2 Democratic senators from Arkansas--Dale Bumpers and David Pryor--who would not add their names to the vote...yes, Bill Clinton did not deliver his own two home-state senators...and the bill stalled. If you think that the Democratic Party is any more favorable to pro-labor legislation with all the mumbo-jumbo about so-called free trade, competitiveness and the free-market being spewed by Democratic Senators, then you are not paying attention.

    But, I think unions have to come up with a better rap about card check because, frankly, the idea of secret-ballot elections is very seductive. One idea would be to run ads that counter the Chamber of Commerce's attack on card check--show scenes of people voting in military dictatorships under the watchful gaze of armed soldiers (come to think of it, that's the so-called democracy in Iraq) and, then, juxtapose that voting environment with that of a worker trying to vote for a union with the employer spying on her.

March 11, 2006 in Labor | Permalink

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Comments

In the interests of correcting history, it was not in the 1990's when Bumpers and Pryor refused to sign on to anti-scab legislation. It was in 1978 during the fight on labor law reform when a major rewrite of the NLRA passed the House but failed in the Democratic-controlled Senate when Bumpers and Pryor refused to vote to break a filibuster. I only know this because I actually worked the bill at the time. You took a cheap shot at Clinton who was actually ok on anti-scab legislation. But Carter didn't do anything to help labor law reform pass, even though he promised to sign the bill if it got to his desk. As I remind Dems today, you can draw a direct correlation between the failure of labor law reform to pass and the collapse of the Dems as a minority party. But your point is well taken: the GOP is very loyal to their constituent groups and actively supports their growth, while Dems basically turn their back on their most loyal voters such as labor and the 60-65% of union families who consistently vote for them. But Dems also disrespect the African-American community, so union people should not feel singled-out.

Posted by: Michael Grace | Mar 13, 2006 7:21:05 AM

I am personally fed up with the whole politics of this. Does anyone actually beleive that either Unions or Employers, Republicans or Democrats actually care about the average employee?

Why do we consistently look for ways to help either party? Why not actually find a solution that is truly best for the employee? Taking away the secret ballot election and allowing for unions or supporters of such to envade peoples privacy and to get a card signed without the knowledge or time to get the appropriate information to do so is not the answer.

If there is a problem with employer corruption and intimidation, then fix the problem. Don't take away employee rights even further. Protect them from both sides. Have an open mind and realize that both parties are pretty much into whatever benefits them, not the employee.

Posted by: Dianne | Mar 13, 2006 6:04:48 PM

Oh fer crying out loud. Democracy is about more than "voting."

The NLRB election process was not originally intended to for workers to choose whether or not to belong to a union, any more than American elections are about choosing whether we want to have a government or not.

The NLRB election process was put forward in the Wagner Act with the intention of helping workers to choose between unions, based on the assumption that in almost every workplace workers would have a choice between at least two groups seeking to represent them - the AFL or the CIO.

The current government-sponsored employer terrorism campaign that passes for the NLRB election process these days makes a mockery of American Democracy and the fundamental right to freedom of association to which all workers are entitled. As Bruce Raynor put it in the NY Times article linked above:

"A worker can join a church or synagogue or the Republican Party by signing a card. That's how people join organizations in the United States. The idea that workers can't join a union by signing their name is ludicrous."

Posted by: Rob | Mar 13, 2006 9:34:41 PM

"A worker can join a church or synagogue or the Republican Party by signing a card. That's how people join organizations in the United States. The idea that workers can't join a union by signing their name is ludicrous."

And a person can just as easily - or even more easily - leave a church or the Republican Party. Just out of curiosity, does it require an election to decertify a union or can the employer present enough signed cards to indicate that a majority of workers no longer want the union to represent them?

Be very careful on this issue - very careful.......

Posted by: D Flinchum | Mar 14, 2006 9:19:43 AM

D Flinchum asks:

Just out of curiosity, does it require an election to decertify a union or can the employer present enough signed cards to indicate that a majority of workers no longer want the union to represent them?

According to this source:

The U. S. Court of Appeals for the D.C. Circuit, on June 27, 2003, reversed a decision of the NLRB, finding it inconsistent with the National Labor Relations Act. The ruling upholds the employer's withdrawal of recognition from the union when it was presented with signatures of the majority of the employees.

(Bottom article, discussing BPK Co., Inc. v. NLRB, 6th Cir. 2003).

It would appear, therefore, that an employer can indeed withdraw union recognition based on employee signatures, without an election.

Posted by: Rob | Mar 14, 2006 10:29:03 AM

It's called Levitz Furniture, and yes, it gives employers the right to "card check" the union out without an election. No such correlation exists for union recognition in US Labor Law.

Posted by: dh | Mar 14, 2006 5:20:55 PM

"Card checks were used to sign up roughly 70 percent of the private-sector workers who joined unions last year, according to A.F.L.-C.I.O. officials. That compares with less than 5 percent two decades ago." SG via NYT

"It's called Levitz Furniture, and yes, it gives employers the right to "card check" the union out without an election. No such correlation exists for union recognition in US Labor Law." dh

If dh is correct, how could "(c)ard checks (be) used to sign up roughly 70 percent of the private-sector workers who joined unions last year"? This can't be so.

My concern here is, of course, that card checks that allow unions to organize can also be used by employers to decertify. I still think that an election is the fairest way to organize, and for that matter, decertify.

Can a union apply pressure toward workers to sign cards, maybe even misrepresent what signing the card means to get a worker to sign? Of course. Even more so can an employer, who has far more control over employees than a union does. Plus an employer can present cards, and by who signs and who doesn't sign, more or less know who is union and who is not (or who is cagey enough not to give himself away). I fear that labor is opening itself to more decertifications than it realizes.

Posted by: D Flinchum | Mar 14, 2006 6:34:35 PM

If dh is correct, how could "(c)ard checks (be) used to sign up roughly 70 percent of the private-sector workers who joined unions last year"? This can't be so.

Make that "Both can't be so". Sorry!

Posted by: D Flinchum | Mar 14, 2006 6:37:39 PM

Yes, it is so, because the employer voluntarily agreed to the card check process. Many times, both sides will agree to an outside group- panel of arbitrators/ ministers/county election board,, etc to do the verification of the signatures against the H.R./payroll list. The Norwood bill would make it mandatory for all to use the antiquated and very easily slowed down NLRB process as the only way to unionize. Right now, the NLRB is the only way to legally oblige employers to recognize their workers' right to a voice. But employers are free to grant recognition on their own, without government interference.

Posted by: Skipster | Mar 16, 2006 6:01:41 PM

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