I have been reading in the papers and listening to the talking heads on the television and radio that the Unions are trying to take away the employees American right to a secret ballot. They have been asking us to preserve the American way by calling our congressmen and asking them to vote against the Employee Free Choice Act, other wise known as EFCA or card check.
I decided to investigate this matter myself since no one seems to hold the title of investigating reporter anymore. This is what I found.
Secret ballot elections vs card check
The National Labor Relations Act (NLRA) is the primary federal law governing the relationship between labor unions and employers in the private sector. The NLRA guarantees the rights of employees to organize and bargain collectively with their employers. The NLRA provides for two primary processes by which a labor union can be certified as the bargaining representative for a company's employees - the card check and the secret-ballot election.
Union Card Check.
The first process is voluntary recognition, which involves a card-check process. In essence, a union seeking to represent a group of employees provides the employer with authorization cards signed by a simple majority (50% plus one) of the employees. The employer may voluntarily accept those cards as proof that the employees desire union representation. The National Labor Relations Board (NLRB) then certifies the union as the employees' collective bargaining representative. The employer may chose not to recognize the card check and file an EMPLOYER PETITION
This petition is filed by an employer for an election when one or more unions claim to represent the employer's employees or when the employer has reasonable grounds for believing that the union, which is the current collective-bargaining representative, no longer represents a majority of employees. In the latter case, the petition must be supported by the evidence or "objective considerations" relied on by the employer for believing that the union no longer represents a majority of its employees.
Secret-Ballot Election.
The second process is a secret-ballot election conducted by the NLRB. This process allows an employee, a group of employees, or a union to file a petition with the NLRB and request that a secret-ballot election be conducted to determine whether employees wish to be represented by a union. Representation petitions must be accompanied by a "showing of interest" (signatures from at least 30% of the employees to be included in the employee bargaining unit) to hold an election. If a simple majority of the employees vote in favor of union representation, the NLRB certifies the union as the collective bargaining representative for the employee bargaining unit.
Currently, voluntary recognition based on the card-check process isn't mandatory. Employers or employees can require that a secret-ballot election be held by the NLRB to determine whether a union will represent the employees.
Under EFCA recognition under card check by the employer would no longer be voluntary it would be mandatory. But the employees would still have the right to a secret ballot by filing a CERTIFICATION OF REPRESENTATIVE with the NLRB
This petition, which is normally filed by a union, seeks an election to determine whether employees wish to be represented by a union. It must be supported by the signatures of 30 percent or more of the employees in the bargaining unit being sought. These signatures may be on paper. Generally, this designation or "showing of interest" contains a statement that the employees want to be represented for collective-bargaining purposes by a specific labor organization. The showing of interest must be signed by each employee and each employee's signature must be dated.
So even though the corporations and chamber of commerce that want to deny you the right to form a union are the ones putting these ads everywhere, they are the only ones being denied the right to force their employees to hold an election the employees can call for an election no matter how many cards are signed.
USW PA Congressional District 10
Rapid Response Coordinator
