Republicans
opposing the passage of the Employee Free Choice Act are lying up a storm to
swing public opinion against the proposed law. Their primary attack claim is
that the bill denies workers a free, fair election by secret ballot.
Unfortunately, there is nothing free or fair about the current system of voting
on unionization. The law is tilted heavily in favor of company power and
against the workers.
I have been
involved in an unsuccessful attempt to unionize a business. I saw disturbing
examples of intimidation and unfair tactics that the Employee Free Choice Act
would have prevented.
Companies are
able to hold “captive audience meetings” to argue against unionization. They
are legally able to include certain workers and exclude others. Attendance is mandatory
for some and prohibited to others. They are held on company time.
Workers trying
to unionize are not able to meet on company property without permission of the
company. Strong union supporters are usually excluded from “captive audience
meetings” so the company position is the only one heard by the workers forced
to attend. Sometimes illegal threats or statements are issued at these meetings
when the company feels certain that workers attending them will not report them
to the federal government.
The burden of
proof by law regarding illegal tactics by companies in complaints filed with
the National Labor Relations Board definitely tilts toward the company. Most
companies fail to see violations of labor laws by anti-union “so-called worker
committees” (often comprised of quasi-management employees) while pro-union
workers are threatened frequently with being fired if suspected of engaging in
pro-union activities. The anti-union “so-called worker committees” can operate
on company time (which is illegal) without much fear. While most companies will
deny knowing about such activity, it seems likely that these companies often
secretly organize these anti-union “so-called worker
committees” and direct their operations. In almost every case, the company has
complete knowledge of their activities.
Supervisors
will often threaten employees when no witnesses are present. Threatened workers
are often afraid of reporting the threats or do not know the procedure for
reporting them. These threats are illegal but very difficult to prove. The
company can fire pro-union workers during the election process to intimidate
other workers even if the federal government or courts eventually get their
jobs back. In the meantime, the union vote will often go against unionization
out of fear.
The company
will sometimes threaten to close the business or move it if the workers vote
for a union. This is illegal but it does happen. It is very difficult to prove.
Illegal activity by the company is difficult to prove in part because many
companies make rules against bringing recording devices or cameras into the
work area. This also makes it difficult to document unsafe working conditions.
Workers can lose their jobs trying to document violations of labor or safety
laws by the company.
Union
organizers and union officials do not have access to company property during
the election cycle to discuss the benefits of unionization. They are not
supplied with phone numbers of employees although the companies do have that
information.
If you distribute
any union materials including union pledge cards on company property during
working hours, you can and usually will be fired. Pro-union workers are often
warned about this even when they are not actively involved in the distribution
of pledge cards or materials just to intimidate them from speaking up for
unionization.
The current
union election system is not fair or free. It is much like the “free elections”
held in Communist countries or other dictatorships. The Republicans and their
large corporate masters are being completely dishonest in the way they frame
the issue and describe the current situation.
Republicans
falsely claim that workers are intimidated into signing union pledge cards.
This is so rare as to be almost non-existent. The intimidation is almost
entirely on the side of the companies. Companies are in a position of power
over workers. Co-workers are simply not in a similar power situation. Only the
company is really in the kind of power position to intimidate workers.
Criminal behavior
influencing union votes is almost always on the side of the company. The
Employee Free Choice Act is designed to stop this criminal behavior and all
intimidation of workers. The legislation says that if a majority of workers
sign pledge cards in favor of unionizing the union will be automatically
recognized by law. It is majority rule. It eliminates the opportunity for the
company to block the majority desire for unionization by using illegal tactics
and intimidation.
A vote against
the Employee Free Choice Act is a vote in favor of the current rigged system.
It is a vote in favor of company intimidation and illegal company behavior. It
is a vote against the workers.
Democrats
overwhelmingly support the Employee Free Choice Act. In the House vote, only 2
Democrats voted against the legislation. 13 Republicans voted for the Employee
Free Choice Act. The final vote was 241 in favor and 185 against.
Some Senate
Republicans may attempt to block a vote on this legislation. If they do, every
working American should vote against them. If any Democrat joins them, they
should be defeated at the next election. Workers should contact their Senators
immediately and let them know their vote on this legislation will determine
your vote in the next election.
It has been
reported that Cheney has pledged that Bush will veto the Employee Free Choice
Act. This is the best reason I can think of for voting Democratic in the 2008
Presidential Election if Bush vetoes this pro-worker legislation.
The Employee
Free Choice Act is a vote for worker rights. A vote against it is a vote
against worker rights no matter how the Republicans spin it.
Written by
Stephen Crockett (co-host of Democratic Talk Radio http://www.DemocraticTalkRadio.com ). Mail: P.O.
Box 283, Earleville, Maryland 21919.
Phone: 443-907-2367. Email: midsouthcm@aol.com
.
