Secretary of Labor Speaks Out on Employee Free Choice Act

WASHINGTON, D.C. (Blue MauMau) - Last week Democrats passed legislation on the controversial Employee Free Choice Act, better known in the business sector as the “card check” bill.  It passed 241-185 on a close party-line vote.

Last Tuesday, U.S. Secretary of Labor Elaine Chao had warned attendees at the International Franchise Association’s 47th Annual Convention in Las Vegas, that although the Act sounds benevolent, it was just the opposite. It would take away a worker’s choice by doing away with the right to a private ballot election. She said the card check bill was expected to pass the House.

Chao explained, “The proposed bill would effectively deny a worker the right to have a private ballot election, without outside pressures or public disclosure when deciding whether or not to be represented by a union.”  And, she said substantial penalties for violations of the new law would be levied on employers, not the unions.

Under the current law, the most frequent form of union organizing is a private ballot election certified by the National Labor Relations Board. Unions organize a work site by collecting the dated signatures of at least 30 percent of the workers to demonstrate interest in union representation. She added, “By the way, to ensure success, unions usually get more than 30 percent of workers signature.”

After the petition is filed, the signatures are verified and then, the NLRB conducts a federally supervised election under formal and solemn surroundings in which every worker is given the opportunity to vote in a private ballot election. But she said under the proposed card check bill, unions would be able to organize by merely distributing cards to workers who are asked to disclose their preference publicly. If a simple majority of workers sign and return these cards, instead of indicating interest in union representation, the union is automatically certified.  But she said, “Interestingly enough, under this bill, decertification of a union can only take place by a private ballot election.

The action will now move to the Senate, but she said because the Administration rejects any attempt to short-circuit the rights of workers, they will defend their right to vote private ballot, and for workers’ right to fair bargaining. 

Chao said in closing, “If this bill is sent to the President, he will veto the bill.”