Hotel Industry Braces for Pending Card Check Bill

STATESVILLE, NC (Blue MauMau) - The Owners 8 Association (Super 8 Hotel owners) is urgently warning its organization of the latest developments regarding the Employee Free Choice Act (EFCA), better known as the Card Check (Unionization) Bill. If enacted, the bill would allow unions to circumvent National Labor Relations Board secret ballot elections. Absent such an election, a union would be certified as exclusive representative of all employees based on card checks alone. Interim president Jay Patel said that O8A, in conjunction with the Coalition of Franchisee Associations (CFA) and the Asian American Hotel Owners Association (AAHOA), has been working to educate their members regarding the significance of the Card Check Bill which has been proposed in Congress. 

In his message, Patel attached the Act Now memo sent out last Friday by Fred Schwartz, president of AAHOA, stating, "As part of our ongoing efforts to keep our members aware of pending legislation that stands to affect the hotel industry, we have been closely following the Employee Free Choice Act. We wanted to share the attached article prepared by the Labor Relations Institute, which includes helpful insight on how to best prepare your business for the possibility that the EFCA (Card Check Bill) will become law." AAHOA lists five immediate actions that members should take vis-à-vis the Bill:

Step 1: Explain To Your Company Leaders And Community Stakeholders Exactly What The Card Check Bill Changes From Today—And How That Will Impact Your Company, Your Community And The National Economy.

• It allows unions to circumvent NLRB elections (half-plus-one and you’re done).
• It imposes “fast-track” contract negotiations with government-imposed contracts.
• It imposes punitive penalties on employers for violations of the NLRA.
• Under the EFCA, every business with 2 or more employees is now a target.

Step 2: Orient Every New Hire At Your Company About Union Card Signing And The Card Check Bill Starting Today. Focus on:

• Awareness. To get employees to take a stand you need to let them know how a union might impact them personally.
• Open Communication. Encourage employees to talk to leaders about issues and concerns at work.

Step 3: Train Your Managers And Supervisors To Recognize The “Early Warning Signs” Of Union Card Signing.

• Employees are often threatened by organizers that if they let on that there is a card signing going on before the union gets in they will be fired and that their status is “unprotected” (which is not true).
• Managers also need to know how to respond to early warning signs and legally and effectively open up lines of communication that often shut down (on purpose) during an organizing effort.

Step 4: Create And Train A Quick Response Task Force To Rapidly And Effectively Respond To Card Signing Activity.

• You must establish a method to respond immediately and decisively to union activity.
• You will also need a team of individuals who are trained to be part of a “Quick Response Task Force”.

Step 5: Develop A Card Signing Campaign “In A Box” That Is Ready To Launch The Moment You Notice Union Activity At A Location.

• You need to set up a complete campaign calendar with specific responsibilities for the organization.
• Be prepared for activity to happen everywhere that you do business—remember that even very small units are vulnerable to organizing.

Another Recent Pro-Labor Activity

According to Patel, there is another worrisome bill acted on under the new administration. He said the Lilly Ledbetter Act was one approved and signed by President Obama which now allows all businesses to be sued for wage discrimination up to 20 years after the employee leaves.  Patel said, "You can thank your elected officials for passing this bill which will drastically increase legal expenses for business operators."

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Related reading:

• Open Letter to Members of Congress (AAHOA)
• AAHOA Member Card Check Alert 
• AAHOA Participates In Inauguration Festivities 
• President Obama Signs Pro-Labor Orders
• Key Questions for Secretary of Labor Nominee