The Employee Free Choice Act vs FEAR, Intimidation. Corruption and Bribery

The Employee Free Choice Act Does NOT Eliminate Secret Ballot Elections it Eliminates the EMPLOYERS opportunity to conduct an Anti-Union Campaign built on FEAR Intimidation Corruption and Bribery against its own employees.

So we elect our president using a secret ballot system. But imagine our presidential election if only one candidate was allowed access to voter lists, only one candidate was allowed to campaign with voters in the only instance where they are all together, and one of the candidates could fire you or take away hours or responsibility from you -- or offer you more money or more responsibility. What would the secret ballot reflect?

Welcome to the World of Union Organizing which I have lived for the past 30 years.

In understanding why the Employee Free Choice Act is so desperately needed to balance the playing field for workers we must first look at what really happens during critical period 42 days leading up to an election.

But first I should explain what the problem is and why we need the Employee Free Choice Act Now. The problem isn't the secret ballot voting like opponents of the Employee Free Choice Act would like you to believe -- a process that would still be available under EFCA, alongside mandatory recognition of a majority showing of interest; it's the process that leads up to the secret ballot.

A union can only trigger an election with a "showing of interest," meaning no less than 30 percent of a given workplace must sign an authorization petition or cards and file them with the NLRB.

The NLRB will then schedule an election -- after first a process of determining if the 30 percent threshold was met. The employer will often insist that certain workers shouldn't be included in the calculation, because, for example, they are technically management, or they work in different job classifications, etc.

The election will then take place within six weeks. In those six weeks, employers can "campaign" for the election during work hours and in coerced meetings -- oftentimes high pressure one-on-one meetings -- where they discourage not only a vote for the union ("It's a secret ballot!" you're thinking) but more importantly they discourage campaigning publicly for the union.

They suddenly drop the hammer on union activists, carefully scrutinizing them for the smallest mistake to find any grounds on which to fire them -- which would insulate them from accusations of retaliatory action.

During Union Busting Campaigns Employer FEAR and Intimidation Is Widespread

Some 82 percent of employers hire high-priced union-busting consultants, according to American Rights at Work. Further, when employers are faced with organizing campaigns:

30 percent fire pro-union workers.

49 percent threaten to close a work site when workers try to form a union, but only 2percent actually do.

51 percent coerce workers into opposing unions with bribery or favoritism.

91 percent force employees to attend one-on-one anti-union meetings with their supervisors.

During the critical 42 day period leading up to a union election union organizers are NOT allowed access to the work site or the workers involved in the election. However MANAGEMENT IS and they TAKE FULL Advantage of it.

During this time an Employer will immediately begin a FEAR and Intimidation campaign against its workers. This would include half- truths, misinformation and outright lies. Mandatory meetings whereby employees must attend or be fired are conducted daily for hours at a time.

Is this what you call a Fair Election?

The Real Truth is that The Employee Free Choice Act has nothing to do with whether or not employees have a right to a secret ballot (which still will exist under The Employee Free Choice Act ) it is about the Employer losing its ability to run a Anti-Union campaign during the 42 day period leading up to a Secret ballot election. END OF STORY!

Under the Employee Free Choice Act if the majority of workers sign cards in support a union the NLRB would certify the union using a card check system. Presently an EMPLOYER can REFUSE to recognize a union and force an election, which now triggers a 42 day Anti-Union Campaign.

One of the Biggest LIES spread about the Employee Free Choice Act besides workers losing their right to a Secret Ballot is that if the Employee Free Choice Act is passed that it would lead to union intimidation in the card signing process.

With all the false and misleading negative propaganda by Corporate Front Groups like The Coalition for a Democratic Workplace and Alliance for Worker Freedom (AWF) have you ever heard them ever talk about union intimidation in signing union membership cards under the present system whereby unions must obtain at least 30 percent or more of a showing of interest to trigger an election? Absolutely NOT!

WHY NOT?

The argument by opponents of the Employee Free Choice Act that if the Employee Free Choice Act should be passed that it would lead to Union Intimidation in signing membership cards is absolutely false and misleading. If this was the case EMPLOYERS would be filing unfair labor (ULP) charges at the National Labor Relations Board every time an election is filed.

I openly challenge The Coalition for a Democratic Workplace The Alliance for Worker Freedom (AWF) any Senator or Congressman or any Corporate Front Group who opposes the Employee Free Choice Act to present any ULP charges in conjunction with card signing over the last five years and I will be happy to present ULP charges filed by labor organizations for Employer Intimidation and Firings!

The only difference under the present system vs. the Employee Free Choice Act is that 51 percent of the workers seeking a union need to sign union membership cards to gain a majority status vs. 30 percent to trigger an election.

The thing about labor relations in the U.S. is that it's kind of a lawless Wild West, where might usually makes right. The laws are widely interpreted and poorly enforced; punishments rarely fit crimes. In some cases, labor has the might -- but in the vast majority of cases, it is management. And like any sphere where there are no laws, it is hard to understand unless you've experienced it firsthand for the last 30 years!

Written by Steve Maritas International Organizing Director for the International Union, Security, Police and Fire Professionals of America SPFPA.

http://www.SPFPA.ORG

For more information on Employer Intimidation and Union-Busting Tactics press Below

http://efcanow.blogspot.com/2009/02/just-say-no-to-employee-free-choice-act.html


For More Information on EFCA please visit our websites and blog

http://www.employeefreechoiceactnow.org

http://efcanow.blogspot.com/

http://efcaunionbustingclub.blogspot.com/

http://www.FreeChoiceActNow.Org

http://www.LaborUnionResources.Org

Tags: Employee Free Choice Act, Free Choice Act, EFCA, SPFPA, Steve Maritas, The Coalition for a Democratic Workplace, The Alliance for Worker Freedom (AWF), Union Busting, Union Avoidance, Union Organizing Sphere: Related Content

Posted by Employee Free Choice Act Now . Org at 5:33 PM

Labels: EFCA, Employee Free Choice Act, Free Choice Act, SPFPA, Steve Maritas, The Alliance for Worker Freedom (AWF), The Coalition for a Democratic Workplace, Union Avoidance, Union Busting, Union Organizing