My view: Free Choice Act protects workers, unionsBY NOAH SCOTT WARMAN
Special to The Miami Herald
The Employee Free Choice Act is a necessary corrective to counter a three-decade-long war on workers' right to organize unions.
Two elements of the Employee Free Choice Act -- increased penalties for companies that violate workers' right to organize and interest arbitration for a first contract -- are essential. They discourage companies from breaking the law and give them incentive to bargain in good faith if their employees organize. But the most striking element of the bill is allowing workers to use majority sign up to organize unions.
Majority sign up means that if a majority of workers sign a card designating a union to represent them, then their employer must recognize and bargain with that union. If a majority of employees do not want union representation, there is no union representation. Workers are free to decide on their own terms at their own pace whether and when to unionize, and the Employee Free Choice Act makes their employer respect that choice. There is nothing radical about it. What is radical is that ''secret ballot elections'' are trumpeted by corporate employers. The current system is nothing like a fair and free election.
REQUIRED MEETINGS
Currently, even if each and every employee in a workplace wants union representation, their employer may insist on an election. The election is then scheduled weeks, if not months, later. In the meantime corporations routinely hire management attorneys and ''consultants'' to come up with all sorts of carrots and sticks to stop the employees from unionizing. The law allows employers to require its employees, both in groups and one-by-one, to attend anti-union meetings. The employer may claim the business will suffer or close, that ''things will get better,'' that the union cannot do anything for the workers and that bargaining will begin ''from scratch.'' And all too often employers simply fire workers who support the union.
The current union election process fails on almost every single count to meet U.S. and international standards used to decide whether a political election is fair and free. Much of the debate about the Employee Free Choice Act focuses on the ability of workers to organize unions without a ''secret'' ballot, but a secret ballot does not necessarily make an election fair. After all, Cuba and China have secret ballot elections; neither is a model of democracy.
ELECTIONS FOR DESPOTS
The Employee Free Choice Act is about far more than a secret ballot. It is about putting power back in the hands of workers to decide for themselves on their own terms whether and when to organize, without the hoops, hurdles, and horrors of a so-called election that would do a despot proud.
Given the tough economic times for America's workers, they need to organize now more than ever. However, anti-union companies, aided by the National Labor Relations Board's anti-union tilt, have made a mockery out of union elections. No despot willingly gives up power. No wonder they fear the Employee Free Choice Act so much - and no wonder it receives bipartisan support by a majority of the House, the Senate, and American workers. The Employee Free Choice Act does not target workers - it targets only those anti-union companies, aided and abetted by the ''union avoidance'' lawyers and consultants, who ignore their workers' rights.
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