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> Employee Free Choice Act (Card Check)
May 1, 2009
New Card
Check Introduced; Impacts Business At All Levels
By John Parsons
Chair of the
Board
Late last month, two Federal proposals, H.R. 1409 and S.
560, were introduced in Congress. The two proposed laws
would undermine long standing principles of workplace
democracy and fairness and result in employees having less
ability to determine if they wish to be represented by a
union. The Chamber has been ardently opposed to the two
pieces of legislation since its first inception last year.
Now, we need the help of the business community and our
Federal Representatives to make sure these two proposed laws
do not make it through Congress as the President has
signaled his support for the legislation. The legislation
would allow unions to collect employee signatures in public,
also known as "Card Check" and do away with the secret
ballot process. The Card Check legislation has also been
misnamed the Employee Free Choice Act (EFCA) in order to
confuse employees and employers into supporting the
legislation.
We believe the three main provisions of the Card Check
legislation are unacceptable and harmful for not only the
employers but the employees. Many of employees will be
subject to attacks and harassment by union officials during
the unionization process.
The three main provisions we find to be at fault with Card
Check are:
• Elimination of the Secret Ballot: Trading the secret
ballot process for one that invites intimidation and
coercion and leads to widespread disenfranchisement of
workers is not a step in the right direction.
• Writing contracts through government imposed arbitration:
Forced arbitration would impose unreasonable and inflexible
terms and cause an employer to lose control over their
operations, preventing them from growing their business.
• Unreasonable and one-sided penalty expansion: EFCA 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.
March 15, 2009
“Card
Check” Is Bad For Our Economy
The Redondo Beach Chamber of Commerce & Visitors Bureau
earlier this year opposed a federal proposal that would
eliminate the secret ballot process and strip a Redondo
Beach employee’s right to privacy in union organized
elections. The proposal, known as the Employee Free
Choice Act (EFCA) or “Card Check”, will be a top
priority of this new Congress and President.
The Chamber is opposed to the EFCA because it will
exploit workers and unfairly create unions by enacting a
process that has been outlawed for many decades. The
Chamber is dedicated to keeping its members up to date
on legislative proposals that will ultimately impact
each business in Redondo Beach. Businesses are urged to
oppose any effort to pass a EFCA proposal.
“Congresswoman Jane Harman needs to understand the
impact to Redondo Beach businesses of any EFCA proposal
before she votes in support,” stated Marna Smeltzer,
President and CEO of the Redondo Beach Chamber. “Our
business community cannot afford another job killing
proposal at a time when we need to work with business to
get our economy moving forward,” continued Smeltzer.
Recently, the Hoover Institution of Stanford University
released a study on the EFCA proposal from last year,
H.R. 800. The study outlines specific complications to
businesses if the proposed law were to pass this year.
On the real impact to American workers…
“Job creation will swamp whatever distributional
gains H.R. 800 promises for some select group of
workers. Increased coercion never leads to increased
productivity. The proposal will surely exert an overall
negative effect on the wages and job opportunities of
employees. Furthermore, the consequences of unionization
for small firms should not be evaluated solely in terms
of the number of workers who are unionized in each year.
Rather the key question is the extent to which
unionization of small firms inhibits the potential for
growth so that these firms do not realize their full
economic potential."
On the decline of unions in the private sector…
"Some likely candidates for the observed decline
include the expansion of free trade across national
borders, more intensive global competition for
employees, the reduced appeal of unions to younger
workers, the entry of smaller decentralized firms, the
rapid turnover of workers in a relatively open economy,
the better wages and working conditions that nonunion
employees can command in an open economy, the rise in
government regulation that confers certain protections
(i.e. against discrimination) that no longer are
subjects of bargaining, ineffective union organizing,
and the rigidity of the internal governance structure of
unions themselves. Most important perhaps is the
fundamental switch in the political economy of the
United States. The 1930s marked a corporatist period, in
which monopoly unions shared power with regulated
monopoly industries, shielded from competition by a
powerful state.24 More recently, the economic
environment has switched by allowing the free entry of
smaller firms whose vitality and growth has gone a long
way in undermining the old monopoly models, posing more
challenges to established firms and their long-standing
labor unions. No account of the decline in unionization
is complete without taking these changes in account,
which defenders of EFCA blindly refuse to do."
On replacing the secret ballot with card check:
"But in [the unions'] zeal to condemn the employer
they never explain why it is necessary to leap to the
card-check outcome without figuring out how to expedite
or improve union elections within the current
framework…Nor do EFCA supporters address the allegation
that union organizers, or overzealous pro-union
employees, are also capable of coercive behavior during
a union election."
On the relationship between workers and the unions
that represent them:
"The key point to remember is that there is, going
forward, no identity of interest between the unions who
profit from EFCA and the workers whose job opportunities
are limited by its passage. A far better strategy for
helping worker interest is to opt for a more competitive
labor environment at home. In the end new job creation
will swamp whatever distributional gains the EFCA
promises for some select group of workers. Increased
coercion never leads to increased productivity. EFCA
will surely exert an overall negative effect on the
wages and job opportunities of employees."
January 15, 2009
Who’s
Looking Out for Employee Rights?
By Marna
Smeltzer
President and
CEO
One could argue that one of our most fundamental rights in
this country is the right to vote by secret ballot. Knowing
that your vote is confidential allows you make choices
without the fear of repercussions. Currently, there are
certain organizations and individuals elected to office to
protect our rights who may be doing just the opposite.
Federal legislation, under the misinformed title, The
Employee Free Choice Act, proposes to abolish an employee’s
right to secret ballot elections during union organizing
drives. It is also known as the “card check” scheme.
The card check scheme takes away a worker’s right to choose
freely and anonymously whether or not to unionize by
replacing the private ballot with a scheme that allows a
union to organize if a majority of workers simply sign a
card. This process gives union organizers the ability to put
pressure on individuals who may be reluctant to sign the
card. The Redondo Beach Chamber believes that workers are
better protected from intimidation and coercion when an
employee casts his or her vote with a secret ballot rather
than in public. To do so would be considered undemocratic.
The federal legislation allows unions to establish
representation of employees of an employer, large or small,
for bargaining through a card check process instead of
secret ballot. The legislation would also wipe out over a
half a decade’s worth of regulations and many functions of
the National Labor Relations Board (NLRB). The NLRB is in
place make sure the fair and secret ballot process is in
place.
I urge you to join with the Chamber in protecting all
individuals’ rights to the secret balloting process by
contacting your local federal representatives. We need to
ask the hard questions because I am as-tounded that anyone
could even suggest a non-secret ballot in this country.
Whatever happened to the right to privacy? Isn’t this a free
country? Ask your local federal representative these
questions and help protect our rights.
Click here
to contact the Redondo Beach Chamber
for more
information
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