In a mostly partly line the House of Representatives passed a bill last year that would effectively end the use of a secret ballot in union organization elections. Under section two of the Employee Free Choice Act (EFCA), also known as the “card check bill,” companies would be forced to recognize unions once they collected signatures from over 50 percent of a targeted workforce.
Free market advocates view EFCA as a payoff to labor bosses who seek a permanent expansion of union ranks at the expense of the democratic process and of the economy. There is no provision in the bill that would preclude unions from gathering additional cards, which means they could keep counting until they have often votes to make an election illegal.
In reality unions will never call for elections with cards signed by a minority of workers. In fact, organizers are generally instructed to collect cards from 60 to 70 percent of workers in a company before going to the polls. Unions openly state that they do not go to an election without a supermajority of cards:
International Brotherhood of Teamsters: “The general policy of the Airline Division is to file for a representation election only after receiving a 65 percent card return from the eligible voters in a group.”
New England Nurses Association: “Have 70– 75 percent of members sign cards; if unable to reach this goal, review plan.”
Service Employees International Union (SEIU): “The rule of thumb in the SEIU is that it’s unwise to file for an election when fewer than 70 percent of the workforce has signed interest cards.”
Current law allows for workers to have a federally supervised election with secret ballots whenever there is a dispute over union affiliation. This confidentiality would no longer be available should the “card check bill” become law, since union bosses would be in control of the process and would know who signed and did not sign.
That’s when the intimidation and the coercion begins.
With expanded Democratic majorities in both of Congress this year business interests are concerned EFCA is moving closer to reality. Policy makers should carefully weigh the wisdom of additional union privileges in a time of recession.
