Secret Ballot Union Elections/Card Check
CONTACT: Rob GreenSUMMARY
H.R. 800, the Employee Free Choice Act, remains the top priority of organized labor. It was considered during the first half of the 2007-2008 session of Congress, and was seen by some as payback to labor unions for support that helped Democrats win control of both chambers of Congress during the 2006 elections.
The legislation would take away the right to secret ballots in union organizing elections. Instead, the National Labor Relations Board would be required to certify a union if presented with signed authorization cards from a majority of employees the union is seeking to organize.
The measure was given fast-track treatment in the House, where H.R. 800, sponsored by Labor and Education Committee Chairman George Miller, D-Calif., was introduced on February 6, 2007, received a hearing in the Subcommittee on Health, Employment, Labor and Pensions on February 8, and was approved by the full committee on February 14. The full House passed the measure 241-185 on March 1, 2007.
Senate Health, Education, Labor and Pensions Committee Chairman Edward Kennedy, D-Mass., introduced companion bill S. 1041, also named the Employee Free Choice Act, on March 29, 2007.
Backers were hoping for an easy victory in the Senate as well, but Senate Republicans vowed to defeat the bill, the Bush Administration promised a veto, and NRF helped lead the lobbying effort against the legislation.
The Senate voted 51-48 in favor of the bill on a procedural motion on June 26, 2007, but the motion required 60 votes to pass. Reflecting the political nature of the bill, all Senate Democrats voted in favor of measure while all Republicans voted against it with the exception of Senator Arlen Specter, R-Pa., who voted with the Democrats.
BACKGROUND
For more than 60 years, the choice about whether a union would serve as the bargaining representative of a group of employees has been made by employees voting in federally supervised secret-ballot elections. Unions, however, find secret ballot elections to be an impediment to unionization. Unions prefer a system known as the “card check,” where they – not the federal government – oversee the process and employees are forced to cast their vote in front of their employer, the union organizers and their co-workers. There are many examples where card check elections have been challenged on the basis of coercion, misrepresentation, forgery, fraud, peer pressure and promised benefits.
The legislation also contained an unprecedented requirement imposing contract terms on private employers through a process of compulsory, binding arbitration of first contracts after only 90 days. The provision would have undermined one of the most fundamental principles codified in the National Labor Relations Act: that no party to collective bargaining can or should be compelled by the government to reach an agreement.
RETAIL IMPACT
In January 2007 responding to the introduction of the EFCA in Congress, NRF helped create the Coalition for a Democratic Workplace, an inter-industry organization comprising some 500 trade associations and corporations (http://www.myprivateballet.com/). What makes CDW unique is its broad, cross-industry membership and an ability to leverage the resources of key trade associations such as NRF. Unlike other advocacy groups who engage in a broader agenda, CDW concentrates only on card check and defeat of the EFCA.
As a single issue coalition, CDW is well-positioned to wage and win a public relations battle in 2008 and to ultimately defeat this legislation in 2009. Because of its structure, CDW ensures a measure of anonymity to individual corporations because any contributions are not being used for lobbying purposes and therefore do not have to be disclosed publicly. Further, because the coalition includes a multiplicity and diversity of companies and industries, no single corporation or industry is likely to be singled out by union activists for special attention.
This year, in advance of the November elections, organized labor will spend several hundred million dollars in support of pro-union candidates who are expected to support both the EFCA and a Democratic president who will sign the bill into law.
In response, CDW has shifted its strategy to focus on influencing the public. The goal is to ensure the election of enough members of the Senate who are fundamentally opposed to EFCA. This initiative is centered on defeating federal card check legislation through media campaigns that appeal to independent and swing voters in key battleground states. CDW will define itself as pro-worker and will not engage in anti-union rhetoric.
Mike Murphy, a nationally-known political strategist, and his firm were retained by CDW and developed a multifaceted ad campaign, informed by state-based polling. The goal is to generate discussion, drive the debate, increase awareness and, ultimately, motivate citizens to act. The objective of the media strategy is to educate voters and create an environment that allows pro-private ballot candidates to leverage the issue with CDW’s advertising campaign.
The campaign is underway and uses a combination of paid advertising, direct mail, viral Internet activity and media relations in key states. The campaign is also supported by: opinion research, media relations, an enhanced website and ultimately, grassroots contacts, a unique strength of CDW’s trade association members.
NRF is reaching out to expand retail industry participation in CDW and to raise additional funds to support NRF and the Coalition’s activities to ensure that a robust and effective campaign in 2008 lays the groundwork for defeat of the EFCA in 2009.
NRF believes a private, federally-supervised secret ballot election is the fairest way to guarantee the rights of employees to freely choose whether to be represented by a union. It allows for a private, confidential vote based on the principles of the American system of democracy. The law should not be changed simply to ensure more union victories. Card check would take privacy, power and voice away from America’s working people by eliminating the secret ballot when choosing whether to join a union.
RELATED PRESS RELEASES
Retailers Urge Senators to Reject Union ‘Card-Check’ Bill - June 20, 2007
Retailers Urge Senators to Reject Union ‘Card-Check’ Bill - March 26, 2007
Retailers Urge House to Reject Union ‘Card-Check’ Legislation - February 28, 2007
Retailers Say Congress is Moving Too Fast on ‘Card-Check’ Proposal for Union Elections - February 14, 2007
Retailers Oppose ‘Card-Check’ Proposal for Union Elections - February 6, 2007
NCCR Calls Recently Introduced Card Check Legislation “Intrusive and Anti-Democratic” - February 6, 2007
WASHINGTON RETAIL INSIGHT
Coalition Card Check Ads Target Maine, Minnesota - July 18, 2008
Pollster Says Public Opposes Union Card Check Legislation - May 16, 2008
Coalition Aims TV Ad at Union Card Check Legislation - April 25, 2008