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EDITOR OF REDSTATE

Fighting Card Check at the State Level

By: Erick Erickson (Diary)  |  January 22nd, 2009 at 03:48 PM  | 

RESIZE: AAA

With the left taking over, there are a lot of bills that will be introduced, and unfortunately passed, that threaten our way of life. However, perhaps the most damming is the Orwellian named Employee Free Choice Act (known as Card Check).
 
This bill will take away numerous rights and protections currently afforded to workers employed at companies where unions are actively seeking to organize. The bill would remove workers’ rights to a federally supervised private ballot election. Instead, workers would be asked to sign cards in front of organizers and colleagues, potentially subjecting them to harassment or intimidation. Once a majority of employees have signed cards, the union is immediately recognized. State “right-to-work” laws essentially become irrelevant.
 
With Big Labor giving over 600 million this past election cycle, they are going to want something in return – and that something is to take away the Democratic right to private secret ballot.
 
Our friends at the Alliance for Worker Freedom, a organization founded by Americans for Tax Reform President Grover Norquist in 2003 to combat anti-worker legislation and promote free and open markets is leading a state-based grassroots charge against this assault. Of course, they are immediately met with push back as you can see here:
 
http://www.aflcio.org/joinaunion/voiceatwork/efca/against_list.cfm#_edn5
 
http://www.seiu.org/2009/01/yet-another-corporate-front-group-save-our-secret-ballots.php
 
http://www.aflcio.org/joinaunion/voiceatwork/efca/against.cfm
 
I spoke with Brian Johnson, AWF’s executive director and he said this is the type of thing they expect. “This clearly means we are doing something right,” said Johnson. As a former Bush-Cheney ’04 state campaign leader, Johnson understands the importance of grassroots activism. “The unions wanted to keep this fight, and their money, concentrated on Washington. But when we take this to the states, they have to spent a million dollars explaining why they want to take this right away.” He continues, “Plus, if we are successful and Nebraska or Pennsylvania pass this resolution urging their federal representatives to oppose EFCA, then Nelson and Specter have to go back home and explain why they support this measure; if that is indeed their position.”
 
AWF plans to target at least 20 states and are well on their way. South Carolina was the first state to do this last week.

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  • Achance

    laws. The union may be automatically recognized but it can’t compel dues. That said, if they have the votes to pass EFCA, they have the votes to repeal the RTW provisions, and I beleive they will. It’s the only way they can eliminate the competitive disadvantage between the Blue and Red states.

    As I said in some posts the other day. For a business effecting commerce, the federal labor law pre-empts state labor laws. So, this resolution scheme might be productive to put pressure on CongressCrittes, but the schemes to establish rights in state law are pointless.

  • USNJIMRET

    have been running since just after the General Election.
    Playing to the “we voted for hope and change” idea, the ads have individual ‘workers’ saying they “hope” for health care, or better pay, or even a job, “for a change”.
    As if without union representation, they haven’t had any of these things before.
    And to heck the fact that until very recently the economy was so good that there were excuses offered for all the illegals who were doing jobs Americans wouldn’t do?
    Some jobs, construction in particular, paid pretty well, so I guess we get to see just another false presentation of selected ‘facts’ to sell a completely un American POS law.
    Wonderful, just wonderful.

  • http://www.atr.org Brian M. Johnson

    If you have a 100 person company and 51 sign a card under EFCA – you have a union. So what if the other 49 who didn’t sign don’t pay union dues – the point is, the union is still there! The company is still unionized! This will happen all over the state and the nation further hurting American competitiveness.

    There will be no more “Red” states when it comes to unions…the south will be the first targets.

    Second, there is much debate about state and federal pre-emption when it comes to constitutional amendments (which I assume you are referring to the Save Our Secret Ballot group). According to Constitutional attorney Clint Bolick:

    “Proposals have been made to amend state constitutions to protect the right to secret ballot in this and other contexts. Such amendments would create a constitutional clash between the Supremacy Clause, which provides that federal law supersedes conflicting state laws, and the interests of states in protecting individual liberties in our system of federalism. Under existing U.S. Supreme Court precedents, the NRLA preempts state laws unless they serve a significant state interest in ways that are not unduly burdensome to the federal regulatory scheme. Given the important state interests in protecting the secret ballot and freedom of association, the proposed state constitutional provisions should prevail in a clash with federal law.”

    The bottom line is…if it’s just to provide pressure and force the unions to spend money in the states, then why not?

    This is as much political as it is policy driven. Any discussion of semantics without proposing other solutions or helpful alternatives (with in all due respect is what you are doing) is as you would say “pointless”

  • BlueStateSaint

    It’s been said that if McDonald’s said that because of increased costs of unionization due to card check, they’d have to eliminate the toys that come in every Happy Meal, card check would come to a screeching halt. I’d love to see this be said by McD’s.

  • Achance

    between union recognition and a union security provision. I’ve even written and negotiated a few, actually a bunch.

    I said, the resolution might be productive for political purposes. That said, none of it means much if they actually pass the law and especially if they repeal the RTW language of the NLRA in the process.

  • Achance

    http://www.redstate.com/achance/2009/01/13/what-the-employee-free-choice-act-really-does-warning-complicated-and-boring/

  • Rapunzel46

    I was the only one seeing these ads… and there has yet to be one anti-card-check ad to offset the union ads here in AZ… which, so far, is still a right-to-work state.

  • texas214

    the Dim’s and the One have a big problem on their hands. As with other special interest that make up the Dimocratic voting block, the union now has their hands out, along with the peaceniks on Gitmo/supposed turture, the gay’s on marriage, and so many others.

    The problem is that in each case the “cause” for each group is a loser in the publics eye and the Dim’s know it. Now, they (Dim leaders) have no place to hide, because there is no boogie man (read Bush) to exuse them for not passing the wanted legislation from these various groups.

    As conservatives, by voicing objection to all these crazy ideas, we will always be on the right (read popular public opinion) side of all of these issues.

  • http://www.RedState.com/ETCartman Kenny Solomon

    I’d written this before, but it always helps to reinforce one’s steadfastness.

    I work for a small company that handles electronic access and surveillance equipment installations, programming and service within several counties here in Florida.

    By small company, I mean less than 30 employees. Two of the big contracts are with two county’s school districts. Of course, the school districts are fully unionized.

    In my own way, I help protect little kids from bad people. That’s my job and I don’t do it for the money. I work mostly in elementary schools. I love to watch the laughter. One little kid smiling makes my year.

    Here’s what I don’t like: I don’t like unions. I’m not of the ilk to have somebody tell me I have to pay them to have the privilege to work somewhere, let alone be compensated quite probably inferior overall to what I am worth in a sane work environment.

    Here’s my answer on being approached by any union that wishes to organize the company where I work: “No thank you and I’d honestly have a high opinion of you and your union if you wouldn’t ask me again.”

    See that? Polite, non-evasive and non-threatening,

    If I am asked to reconsider, I shall without question, assure the union representative that I am not interested and again thank them for their time.

    The first instance of anyone from a union or a faceless entity from a union remotely threatening me in any manner will be the last time and I shall be the one still standing. That’s a promise.

    If they arrive at the door of my home, the game changes instantly. The Castle Doctrine Of The State Of Florida will come into play and shall be applied with full authority if need be.

    Again, I don’t like unions.

    Cheers !

  • DerKrieger

    I don’t think the Commerce Clause gives the Fed the right to manage labor. Labor is not commerce. Without this misinterpretation of the Constitution there is no way card check would pass Constitutional muster. The states are going to have to reassert their 10th Amendment rights or see their citizens trampled. The power of the Fed is quite clear AND limited. The power of the people and the states are unlimited in comparison.

  • DerKrieger

    http://www.tenthamendmentcenter.com/