Should workers retain the right to secret ballots for union votes?

Congress will soon be taking up something called the Employee Free Choice Act, but the only free choice it offers is the freedom to join a union without having to endure the inconvenience of a secret ballot.

With the Employee Free Choice Act, organized labor has come up with a new and improved way to increase its long-declining membership. The bill, introduced early in March, would allow a worker to “vote†to join a union by simply signing a card instead of holding a formal election. If more than half of a company’s workers sign the union cards, the union is recognized as their bargaining unit. It’s as simple and as undemocratic as that.

And where do these cards come from? They’re distributed by union organizers who visit employees in their homes or wherever they congregate and stay close to them until they sign the cards.

At present, the process of unionizing a company is a bit more complicated, but hardly burdensome. Unions are required to obtain the signatures of 30 percent of a company’s work force for the right to hold a union election overseen by the National Labor Relations Board (NLRB). If, after the votes are counted, a majority votes to join the union, the union becomes the workers’ bargaining agent. If not, the company remains non-union.

In an NLRB election, workers fill out their ballots in secret, which means no one watches them vote. You may be familiar with this method as it is the way we Americans do it when we elect everyone from tree warden to president of the United States. That’s the part labor wants to dispense with — the secret ballot part.

The unions claim the secret ballot is intimidating. They would have us believe workers who want to join a union fear company retribution if they vote to do so, even in the privacy of a voting booth. But filling out a card in front of fellow workers and/or union representatives is not at all intimidating, they claim. If this sounds preposterous to you, you’re on to something.

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A campaign to unionize a company can be pretty intense, with plenty of intimidation from both sides. Both labor and management have been known to play dirty. But when it is time to vote, the employees are given the democratic gift of the secret ballot and they can make their individual decisions without a company foreman or a union organizer watching. And that’s what the union sponsors of the Employee Free Choice Act want to eliminate.

It’s so 1984.

The bill easily passed in the House of Representatives last year but it couldn’t win in the Senate where 60 votes were needed to end debate. If it had, the bill would have been vetoed by President Bush.

But now, with a Democratic president and a Democratic majority in Congress, it’s payback time for labor. At least labor thinks so. Union members were generous financial supporters of Barack Obama and played an important role in getting out his vote in some states. They have every right to expect a labor-friendly administration, but there are limitations.

Obama was a sponsor of the so-called card check legislation when he was in the Senate, but that was a necessary move for anyone seeking labor’s crucial support in a presidential nomination fight. Hillary Clinton, Joe Biden, Chris Dodd, Dennis Kucinich — all the gang from Congress running for president as Democrats — were for it. Obama has said he will sign the bill if it passes this year, but it isn’t clear how diligently he will support it.

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There is also some question about how successful the bill will be in attracting the vote of moderates in both parties now that there is a chance of it actually becoming law. It seems some Congressmen can’t bring themselves to actually vote against the secret ballot.

Congress hasn’t seen labor legislation this controversial since the Taft-Hartley Act became the law when Harry Truman’s “good for nothing 80th Congress†passed it over Truman’s veto in 1947. Organized labor labeled Taft-Hartley the “slave labor act,†predicting its passage would destroy the labor movement by allowing restrictions on strikes, political contributions and other labor practices.

Taft-Hartley became the law 62 years ago and there has been no real effort to repeal it even though Democrats have controlled the presidency for 26 of those 62 years. The reason: Presidents of both parties have found Taft-Hartley useful.

Presidents have invoked the Taft Hartley Law 35 times since its passage. Even Harry Truman, after vetoing it, used it a dozen times, especially to call for a mandated cooling off period to head off strikes that could endanger public safety.

Taft-Hartley, then, wasn’t as bad as it seemed or it would have been repealed long ago. But the Employee Free Choice Act is every bit as bad as it seems because it takes a basic democratic right from America’s workers. We’ve already seen the horrors that have accompanied the deregulation of big business. Trying the same experiment with big labor at this time doesn’t seem particularly wise.

Dick Ahles is a retired journalist. E-mail him at dahles@hotmail.com.

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