National Clothesline

Legislation that would make it easier to organize unions sailed through the U.S. House in February but is likely to slow down now that it has hit the Senate.

The bill, formally titled the Employee Free Choice Act and commonly referred to as “card check,” would let a union be recognized as a certified collective bargaining unit if 50-percent-plus-one of the workers in a workforce sign cards indicating interest in union representation.

If the company and the union do not reach an agreement within 90 days of a successful card check campaign, the union can refer the negotiations to a federal mediation. If an agreement is not reached within the next 30 days, the union can demand that the negotiations be referred to binding “interest arbitration.”

If there is still no agreement, terms would be set by a third-party arbitrator who would not be confined to issues that had been discussed by the employer and union. The arbitrator ’s decision could not be rejected by the employer and it would be binding on the company for two years.

That process contrasts with current law in which a union can ask to be certified as the collective bargaining agent after obtaining signatures on cards from 30 percent of the workers. At that point, the employer can either agree or request that the National Labor Relations Board conduct a secret ballot election in which all employees may vote in private on whether they choose to be represented by the union.

The new law would make it inexpensive for unions to organize workers at a small business, costing virtually nothing to work a shop with only a few employees.

An organizing drive could be completed in a weekend by visiting employees at their homes to get signatures on cards, for example, and the employer would find his workplace unionized without even knowing it was a target and with no opportunity to discuss the issue with the employees.

The card check bill rolled through the Democratic-controlled House in February, passing on a largely party-line vote of 241-185 on March 1.

Sen. Edward M. Kennedy (D-MA) introduced a nearly identical bill in the Senate on March 29 with 46 co-sponsors. But the bill should meet stiffer opposition in the narrowly divided Senate where backers would need a 60-vote majority to shut down a possible Republican filibuster.

Senate Minority Leader Mitch McConnell (R-KY) echoed the objections of House Republicans when he criticized the legislation last month.

“The right of all Americans to cast their vote by private ballot is deeply rooted in the democratic tradition of our nation, ” he said. “House Democrats moved to destroy this principle and it now falls to the U.S. Senate to ensure this basic right is protected. ”

Even if the bill’s supporters surmount the obstacles faced in the Senate, President Bush is likely to veto the bill. A White House statement issued on Feb. 28 was highly critical of the proposal.

“The administration opposes any effort to circumvent supervised elections and private balloting, ” the statement read. “It is a fundamental tenet of democracy that individuals are able to vote their conscience, privately, free from the threat of reprisal. ”

Nevertheless, business groups are mounting a campaign to defeat the bill. Among them is the Textile Care Allied Trades Association which sent an e-mail to its drycleaning and laundry industry members urging them to ask their senators to defeat the card check bill.

The legislation, TCATA’s e-mail said, “could have serious, negative consequences for your business, even for smaller companies. ”

The National Federation of Independent Business has been leading small-business opposition to the bill.

“Eliminating the secret-ballot process opens up small-business employees to union intimidation and excludes small-business owners from the decisions affecting their business and employees, ” said Dan Danner, executive vice president of NFIB. “Small businesses will be one of the most targeted — and harmed — groups in this last-ditch effort by unions to reverse the trends of their decreasing membership. ”

NFIB said that small businesses are especially vulnerable to union organizers. Small businesses are also most vulnerable to tactics associated with union authorization cards, NFIB added, since they often are less likely to have appropriate information or labor counsel, and are more susceptible to complicated legal restrictions.

Of the more than 2,600 representation elections conducted by the NLRB in 2005, 20 percent were conducted in companies with fewer than 10 employees; 70 percent involved bargaining units of fewer than 50 employees.




						Card check bill faces rough road in Senate



						Legislation that would make it easier to organize unions sailed through the U.S. House in February but is likely to slow down now that it has hit the Senate. The bill, formally titled the Employee Free Choice Act and commonly referred to as “card check,” would let a union be recognized as a certified collective bargaining unit if 50-percent-plus-one of the workers in a workforce sign cards indicating interest in union representation. If the company and the union do not reach an agreement within 90 days of a successful card check campaign, the union can refer the negotiations to a federal mediation. If an agreement is not reached within the next 30 days, the union can demand that the negotiations be referred to binding “interest arbitration.” If there is still no agreement, terms would be set by a third-party arbitrator who would not be confined to issues that had been discussed by the employer and union. The arbitrator ’s decision could not be rejected by the employer and it would be binding on the company for two years. That process contrasts with current law in which a union can ask to be certified as the collective bargaining agent after obtaining signatures on cards from 30 percent of the workers. At that point, the employer can either agree or request that the National Labor Relations Board conduct a secret ballot election in which all employees may vote in private on whether they choose to be represented by the union. The new law would make it inexpensive for unions to organize workers at a small business, costing virtually nothing to work a shop with only a few employees. An organizing drive could be completed in a weekend by visiting employees at their homes to get signatures on cards, for example, and the employer would find his workplace unionized without even knowing it was a target and with no opportunity to discuss the issue with the employees. The card check bill rolled through the Democratic-controlled House in February, passing on a largely party-line vote of 241-185 on March 1. Sen. Edward M. Kennedy (D-MA) introduced a nearly identical bill in the Senate on March 29 with 46 co-sponsors. But the bill should meet stiffer opposition in the narrowly divided Senate where backers would need a 60-vote majority to shut down a possible Republican filibuster. Senate Minority Leader Mitch McConnell (R-KY) echoed the objections of House Republicans when he criticized the legislation last month. “The right of all Americans to cast their vote by private ballot is deeply rooted in the democratic tradition of our nation, ” he said. “House Democrats moved to destroy this principle and it now falls to the U.S. Senate to ensure this basic right is protected. ” Even if the bill’s supporters surmount the obstacles faced in the Senate, President Bush is likely to veto the bill. A White House statement issued on Feb. 28 was highly critical of the proposal. “The administration opposes any effort to circumvent supervised elections and private balloting, ” the statement read. “It is a fundamental tenet of democracy that individuals are able to vote their conscience, privately, free from the threat of reprisal. ” Nevertheless, business groups are mounting a campaign to defeat the bill. Among them is the Textile Care Allied Trades Association which sent an e-mail to its drycleaning and laundry industry members urging them to ask their senators to defeat the card check bill. The legislation, TCATA’s e-mail said, “could have serious, negative consequences for your business, even for smaller companies. ” The National Federation of Independent Business has been leading small-business opposition to the bill. “Eliminating the secret-ballot process opens up small-business employees to union intimidation and excludes small-business owners from the decisions affecting their business and employees, ” said Dan Danner, executive vice president of NFIB. “Small businesses will be one of the most targeted — and harmed — groups in this last-ditch effort by unions to reverse the trends of their decreasing membership. ” NFIB said that small businesses are especially vulnerable to union organizers. Small businesses are also most vulnerable to tactics associated with union authorization cards, NFIB added, since they often are less likely to have appropriate information or labor counsel, and are more susceptible to complicated legal restrictions. Of the more than 2,600 representation elections conducted by the NLRB in 2005, 20 percent were conducted in companies with fewer than 10 employees; 70 percent involved bargaining units of fewer than 50 employees.
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