Union ‘card-check’ bill advances in Congress

Tramples rights of employers and employees

(July 11, 2008) Congress is considering legislation that will hand labor unions a major advantage in the workplace by allowing them to organize employees more easily and without government safeguards that protect employers and workers alike.

The Employee Free Choice Act (EFCA), also known as the union card-check bill, allows labor unions to form in a workplace simply through the collection of signed petitions (or “cards”) indicating that a majority of employees favor organizing, and designating a particular labor union to represent their interests.

Labor unions have made this type of legislation a priority because it bypasses the traditional secret-ballot process governed and monitored under the National Labor Relations Act (NLRA). Under the EFCA, an employer would no longer have the opportunity to demand a secret ballot when a majority of employees have signed union cards and there is no evidence of illegal coercion.

What’s more, employers would have no protection against inappropriate pressuring of their employees by organized labor. Workers could be compelled to sign cards without a full understanding of their purpose and impact on the workplace or employees’ rights.

The proposal now in Congress would also force first-time collective bargaining negotiations into binding arbitration if an employer fails to agree on a contract with a newly recognized union within 120 days. In addition, it would impose stiffer penalties on employers, but not on unions, for violations of the agreement.

Periodically, attempts have been made to pass similar “card-check” legislation in Connecticut. Some have specifically sought to impose union-organizing tactics on employers receiving state assistance. A new push to pass card-check legislation is likely to be made in the General Assembly.

The U.S. Chamber is working with business trade associations in all 50 states, including CBIA, to oppose card-check legislation. This fall, CBIA and the U.S. Chamber will hold a joint informational forum on this issue as well as other important federal labor and employment legislative issues.

For more information about card-check proposals and the upcoming informational forum (which will be free to CBIA members), please contact CBIA’s Kia Murrell at 860-244-1931 or kia.murrell@cbia.com.