A losing proposition for everyone save bosses and goons and their Democrat protectors.
(Page 2 of 3)
Instead union organizers would take a card endorsing union representation to individual workers to sign. These union organizers know where you work, where you live, where your car is parked in the parking lot. They probably know where your kids go to school. They may have kids at that school as well. A group of them can come to your house after work and ask you to sign the card. Are you going to tell them no to their face? Is this really a free choice? Are many going to tell them no after one incident of slashed tires or a broken windshield, at home or at work, or a kid harassed at school? Again, there is a long history of union violence. Intimidation and harassment are routine union practices.
Under the proposed law, once 51% of the workers at a workplace sign a union authorization card, the union is automatically recognized as the bargaining representative at that workplace. What about the other 49% who may not want a union and may not have even been asked to sign a card? They and their views on the issue would no longer matter. Unless they are in the minority of states with a right to work law, because 51% of their co-workers signed union authorization cards, freely or through intimidation, all workers at that workplace would be required to join the union and pay its dues, or be automatically fired.
Besides the threat of union violence, in this process the workers signing the cards hear only from the union. They do not hear from the other side, the cons as well as the pros of union membership. The union may make them wild promises. It may tell them lies about the employer, what he is paying others, how much the company is making in profits that could go to workers. The union may not tell the worker what the dues would be, or whether he will later have a choice of joining the union, or even whether there will be a later election regarding the union.
There is no lie for unions and their advocates too big to tell. They say under card check the workers would still have the right to call for an election after 51% signed the union authorization cards. But this is not true. It is the union that would be able to call for an election at that point, not the workers. But why would the union call for any election, when under the new law the union would automatically be named as the exclusive union for that worksite, while unions lose 50% of actual elections. If you are an individual worker and you want an election, where would you go to get it? Organize your own election?
Unions also say they need card check to displace secret ballot elections because employers stifle those elections by firing workers who are pro-union. But the first principle of labor law, adopted in the 1930s, has long been that employers are prohibited from firing workers based on their support for a union. Doing so is an unfair labor practice that will be penalized by the National Labor Relations Board (NLRB) with fines and the loss of employer rights. Unions say employers unreasonably delay elections. But the median time between filing for a union election and the actual election is 39 days, a fair time to debate the issue.
The majority of even union workers favor a chance to hear the
other side, and secret ballot elections on whether they want a
union. But the unions don’t care what the workers think. They are
trying to use the liberal Democrats they have bought with
overwhelming contributions to take away any worker rights
Taking Free Out of Free Enterprise
But there is more to this incredibly destructive legislation. Once a union is recognized by a workplace, the employer has 120 days to agree to a union contract. Otherwise, a government arbitrator will dictate a contract between the union and the employer covering the next two years.
In other words, once a union organizer shows up with union authorization cards signed by 51% of workers, the employer has effectively lost control of his business. Union contracts routinely cover wages, benefits, conditions of employment. The government arbitrator can impose a contract providing that the employer not only pay higher wages than competitors, but also provide specified health coverage for all employees. It can require pension coverage through a multi-employer pension plan that imposes stiff penalties for any later withdrawal. It can also require paid family leave.
Union contracts can also impose costly work rules. For example, one may say that only the union electrician can replace light bulbs. Another might prohibit the contracting out of any work, or even prohibit the introduction of new labor saving technologies.
So if you are a small business, and an organizer shows up with those signed cards, the only reasonable response from the employer is to hand the organizer the keys to the business and go home. You can then start a new small business based almost entirely on contracted out workers, who cannot be unionized. With that business model, you can probably drive your former, now union run, company out of business.
Current law, by contrast, is based on the principle of negotiation and agreement between the parties themselves. Employers are required to bargain in good faith. They can’t refuse to meet with the union at all, or refuse to enter into any contract. These would again be unfair labor practices resulting in fines and other punishments for the employer. The NLRB, after receiving a complaint, would determine whether the employer really is bargaining in good faith or not.
This sound policy helps to prevent the union from imposing unrealistic demands on the employer that will just drive the company out of business. This is really a protection for workers as well as employers, because it serves to protect their jobs. But with mandatory government arbitration, these essential protections for employers as well as workers are lost.
Such mandatory arbitration is going to cause widespread business
bankruptcies, massive job losses, and soaring unemployment.
Companies will probably organize themselves more and more on the
contracted out business model, with less protections for workers
Bad Union Jokes
A man of faith in a godless age is hitting Americans where it hurts.
Mr. and Mrs. American Spectator Reader, let P.J. O’Rourke talk sense to your kids.
In Britain, defending your property can get you life.
The debacle of this president’s administration is both a cause and a symptom of the decline of American values. Unless Congress impeaches him, that decline will go on unchecked. An eminent jurist surveys the damage and assesses the chances for the recovery of our culture.
It won’t take long for conservatives to scratch this presidential wannabe off their 2008 scorecard.
The American Christmas, like the songs that celebrate it, makes room for everybody under the rainbow. Is that why so many people seem to be hostile to it?
Was the President done in by the economy, or by the politics of the economy?