Card Check - Opposition

Opposition

Those who oppose card check argue it strips workers of their right to a secret ballot. They also argue that even though gathering a majority of card signers might imply that a secret ballot would be unnecessary, signers could be coerced to sign through intimidation and pressure, making it an inaccurate mechanism for determining employee support for unionization. Many business organizations, including The U.S. Chamber of Commerce, oppose the implementation of card check. From its website:

Under the existing law today, workers have a chance to vote for or against unionization in a private-ballot election that is federally supervised. Under Card Check, if more than 50% of workers at a facility sign a card, the government would have to certify the union, and a private ballot election would be prohibited--even if workers want one. By forcing workers to sign a card in public - instead of vote in private - card check opens the door to intimidation and coercion. Over 70% of voters agree that a private election is better than card check.

The National Restaurant Association lists three points in opposition to card check on its website.

1. A card-check process increases the risk of coercion. When a union tries to organize a workplace, employees sometimes face intimidation and pressure about how they should vote, from the union, management, or both. The best way to protect employees from coercion is through the continued use of a federally supervised, private-ballot process.

2. Private ballots are a basic American right. The entire American system is based on respect for individual liberty and democracy. If Congress passes this proposal, they will strip away the protections that federally protected, democratic elections provide for American workers.

3. An employee’s decision to join a union should be made in private. Employees should not have to reveal to anyone -- employers or unions -- how they exercise their right to choose whether to organize with their co-workers in a union. Moving to a card-check process rather than a federally supervised election tramples on employee privacy. An employee’s decision to join a union should be made in private, protected from any coercion by unions, employers or co-workers.

Representative John Kline, R-Minn., in explaining his opposition to the EFCA:

It is beyond me how one can possibly claim that a system whereby everyone — your employer, your union organizer, and your co-workers — knows exactly how you vote on the issue of unionization gives an employee 'free choice' ... It seems pretty clear to me that the only way to ensure that a worker is 'free to choose' is to ensure that there's a private ballot, so that no one knows how you voted. I cannot fathom how we were about to sit there today and debate a proposal to take away a worker's democratic right to vote in a secret-ballot election and call it 'Employee Free Choice.'

Forbes commentator Brett Joshpe states his opposition to card check as such:

Ending secret ballot elections, which first emerged in the U.S. during Reconstruction to protect recently freed slaves, will provide significant opportunity for voter intimidation and greatly strengthen the labor bloc during a time of historic economic vulnerability. In addition to depriving workers of the right to vote by secret ballot, the EFCA also would mandate binding arbitration in the event management and labor are unable to reach a collective bargaining agreement... The EFCA would leave the fate of businesses (and their workers) in the hands of a government-appointed panel and would essentially empower bureaucrats to mandate a deal that the free market would not produce. If that sounds benign, consider what companies will do when forced to absorb labor costs higher than the market rate and higher than they can afford. They certainly will not go hire more workers.

According to a 2004 Zogby survey conducted for the Michigan-based, free market Mackinac Center for Public Policy, when asked if they wished to keep the current voting process or replace it with one "less private," 78% of union members support keeping the current secret ballot system.

Read more about this topic:  Card Check

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