One Of The More Misnamed Pieces Of Legislation In Recent Memory

By Pejman Yousefzadeh Posted in | Comments (11) / Email this page » / Leave a comment »

John Fund excoriates the so-called "Employee Free Choice Act":

Senate Majority Leader Harry Reid has decided to hold a vote this Wednesday on perhaps the most unpopular element of the Democratic agenda. The Employee Free Choice Act has already passed the House, but now it faces real hurdles in the Senate because, contrary to the name, it undermines workplace democracy.

Under the so-called card-check bill, a company would no longer have the right to demand a secret-ballot election to certify a union, thus stripping 140 million American workers of the right to decide in private whether to organize.

Republican senators, except possibly Pennsylvania's Arlen Specter, are uniformly opposed to the idea. "We went to the secret ballot in the early 1800s in this country for a darn good reason: If somebody's looking over your shoulder, your ballot doesn't mean much," Minority Leader Mitch McConnell says, noting fears of intimidation by unions should the bill pass.

But conservatives aren't the only ones concerned. A February survey of 1,000 likely voters by McLaughlin Associates found that 79% of respondents oppose the bill, with only 14% in favor. Even Democrats opposed the idea, 78% to 16%.

So why is Mr. Reid taking the risk of putting the bill on the floor, since even if it passed it would face a certain presidential veto? Simply put, the card check law is the No. 1 priority of union lobbyists in the new Democratic Congress. Union membership numbers are down. In the 1950s, 35% of private-sector workers belonged to unions; only about 7% do today.

Of course, union officials blame others for their decline. "In the past few decades, labor law has been so twisted by corporations and their union-busting hired guns that it is now virtually impossible to form a union against an employer's wishes," AFL-CIO President John Sweeney says--even though unions currently win just over half of the elections called over union representation.

Card-check procedures for making a union the sole bargaining representative for employees are already part of labor law. If 30% of workers sign a card asking for a union, an employer is obligated to certify the union or call an election. What the card-check bill would do is force certification without a secret-ballot election as soon as a majority of workers at a plant signed pro-union cards.

This is bad legislation, for all of the reasons listed here. As I write in my article, I don't believe this bill will be made law, but that's no reason to go easy on the disastrous influence it would have on public policy--or on the people who crafted the bill in the first place.

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One Of The More Misnamed Pieces Of Legislation In Recent Memory 11 Comments (0 topical, 11 editorial, 0 hidden) Post a comment »

It's a startlingly bad idea.

And unionist folks who think they might favor such a thing ought also to consider that it may not only be unions that put pressure on people to act in a certain way, employers would almost certainly counter the effort to gain organizing votes.

That would likely get truly ugly.

Considering the history we have in this country over such things -- they've turned violent more than one time -- I can't believe that there are lawmakers that are seriously considering this.

By the way they are misnamed.
Bilingual Amendment = 'Make only one language used'
Campaign Finance Reform = You managed a straight face for this ?
CIR= Amnesty and destroy what little enforcement there is
Employee Free Choice = well you get the picture.

Its a time honored tradition of sliding one past people that wont know better.
______________________________
"Those who expect to reap the blessings of freedom must, like men, undergo the fatigue of supporting it."
-Thomas Paine: The American Crisis, No. 4, 1777

Well by zuiko

The unions have come to the realization that they are the ones that need the iron pipes (real or metaphorical), much more than the employers. The employers are doing just fine without intimidation as a tool to prevent unionization.

The CA legislature just voted to throw out the secret ballot there, which was a priority of Cesar Chavez back in the 70s. What changed? Union bosses are desperate just to maintain their relevance today.
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Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

sluice their money and resources toward this rotten little twerp. The androgynous Dingy Harry truly represents the appeasement wing of the defeatist Democratic Party on Iraq, no matter how he may vote on the issue of funding the war.

Meanwhile, this corrupt clown has three sons and a son-in-law busy lobbying in his DC home basement—and he has the nerve, [not the huevos], to call a patriot and hero like Peter Pace incompetent!! And take money from unions to deprive the American people of the principle of democracy just to support rotten unions who can't get the support of laborers unless the government helps them cheat in the elections!

I wish Reid were merely incompetent, which he is, instead of a complete corrupt eunuch-whore who takes it where the sun doesn’t shine from every crooked DC lobbyist! I guess his approval rating will be in single digits within a month or so.

This is one of those gifts from heaven as far as campaign commercials go. Every single Senator and Representative that votes for this heap of dung deserves a commercial highlighting said fact all next summer and fall.

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(Formerly known as bee) / Internet member since 1987
Member of the Surreality-Based Community

designed to increase voter security.
After what they did in Texas, it is no longer possible to beleive the democrats are operating in good faith on these issues.
They know exactly what they are up to: the imposition of their will by means other than ethical or intellectually honest or equitable.
The democrats are after the destruction of our most basic civil liberty: honest, fair and private voting.
The democrats are clearly only after the power to be achieved by ballot stuffing, voter fraud and intimidation.

Just think by zuiko

If they implemented this with Federal elections, they could send an ACORN gang to your house to see if you wanted to recant your vote against Hillary. Finally, nobody would be disenfranchised ever again.
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Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

and avoid the NLRB election process. The real target is employers with transient/high turnover workforces, e.g, residential constrution, entry level health care, agriculture/food processing, and retail - read WalMart. Now I'm a liberal, kind-hearted guy, so I'd never do stuff like this, but some labor relations types might:

Put up ironclad No Solicitation policies to keep organizers off the property.

If the union gets the 30% showing of interest challenge the unit composition, e.g., assert that some classifications are supervisory, assert that some interested employees are supervisors or temporary employees, assert that there is no community of interest between the night stockers and the sales staff or cashiers or front office employees - I can keep going for a while; long enough to tie up the union's petition for many months or even years and force one or more formal hearings, the result of which I can appeal to the courts.

Challenge the location, time, and form of the election.

Challenge the list of eligible employees so that it takes forever to develop the "Excelsior List," the formal list of eligible employees.

Magically arrange that some employees find the resources to form an independent employee association that campaigns against the petitioning union. As a part of that campaign, word gets out that the petitioning union has refused to represent some employees or failed to protect them, or some such; they're easy to find - malcontents attack unions just as much, often more, as they attack employers.

Start a strictly factual (and legal) campaign about how good the employees have it, especially in take-home pay v. unionized employees - usually true because of benefit costs and dues.

Arrange somehow that word gets out about how other businesses that unionized have either relocated or closed.

Find a sudden downturn in business so that some employees have to be laid off (this one is risky because done pretextually, it is an unfair labor practice)

I can go on for a while with other strategems, but the point is that by the time you get to the election, a large percentage of the people originally interested are no longer employed and the eligible employee list is unreliable so that there is a basis for challenging the election result.

But I wouldn't do stuff like that - unless somebody was paying me real well.

In Vino Veritas

Doing a Kowalski - by Achance

You'll note the industries I listed are among those that allegedly employ large numbers of illegals. The NLRB and the Courts have been back and forth on the rights of illegals under the NLRB - giving them some legal status settles that question. Getting a clue why SEIU et al. are so interested in "immigration reform?"

In Vino Veritas

The organization that I previously worked for in California has specific classes of staff who are represented by various unions. One of those unions tried to have my job classification unionized. Although all the ballots were secret (at least they were at that time), the union had the names and contact information for everyone in my job classification. And, they called all of us to recruit our support. I made the mistake of telling the union rep that I was not interested in organizing other staff. After that, I had a big red(state) X painted on my back. Staff who supported the union (including staff represented by different unions) came after me with a vengeance. Several employees started a "boycott" of me: making sure I didn't get help on projects, some stopped talking to me completely, and one woman even tried to get me fired. In the end, the employees voted 3:1 NOT to unionize, but my position in the organization was never the same and the "boycott" continued after the election. I eventually found a job elsewhere. This did nothing to improve my opinion of unions. In fact, it only solidified my disrespect for them.

Given his bizarre behavior how can anyone be sure Bush would actually veto it?
Maybe he'll trade for some of the remaining Dem votes for his amnesty bill.


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