Employee Free Choice Act and
Republican Disinformation
Republicans opposing the passage of the Employee Free Choice Act are
lying up a storm to swing public opinion against the proposed law. Their
primary attack claim is that the bill denies workers a free, fair
election by secret ballot. Unfortunately, there is nothing free or fair
about the current system of voting on unionization. The law is tilted
heavily in favor of company power and against the workers.
I have been involved in an unsuccessful attempt to unionize a business.
I saw disturbing examples of intimidation and unfair tactics that the
Employee Free Choice Act would have prevented.
Companies are able to hold “captive audience meetings” to argue against
unionization. They are legally able to include certain workers and
exclude others. Attendance is mandatory for some and prohibited to
others. They are held on company time.
Workers trying to unionize are not able to meet on company property
without permission of the company. Strong union supporters are usually
excluded from “captive audience meetings” so the company position is the
only one heard by the workers forced to attend. Sometimes illegal
threats or statements are issued at these meetings when the company
feels certain that workers attending them will not report them to the
federal government.
The burden of proof by law regarding illegal tactics by companies in
complaints filed with the National Labor Relations Board definitely
tilts toward the company. Most companies fail to see violations of labor
laws by anti-union “so-called worker committees” (often comprised of
quasi-management employees) while pro-union workers are threatened
frequently with being fired if suspected of engaging in pro-union
activities. The anti-union “so-called worker committees” can operate on
company time (which is illegal) without much fear. While most companies
will deny knowing about such activity, it seems likely that these
companies often secretly organize these anti-union
“so-called worker
committees” and direct their operations. In almost every case, the
company has complete knowledge of their activities.
Supervisors will often threaten employees when no witnesses are present.
Threatened workers are often afraid of reporting the threats or do not
know the procedure for reporting them. These threats are illegal but
very difficult to prove. The company can fire pro-union workers during
the election process to intimidate other workers even if the federal
government or courts eventually get their jobs back. In the meantime,
the union vote will often go against unionization out of fear.
The company will sometimes threaten to close the business or move it if
the workers vote for a union. This is illegal but it does happen. It is
very difficult to prove. Illegal activity by the company is difficult to
prove in part because many companies make rules against bringing
recording devices or cameras into the work area. This also makes it
difficult to document unsafe working conditions. Workers can lose their
jobs trying to document violations of labor or safety laws by the company.
Union organizers and union officials do not have access to company
property during the election cycle to discuss the benefits of
unionization. They are not supplied with phone numbers of employees
although the companies do have that information.
If you distribute any union materials including union pledge cards on
company property during working hours, you can and usually will be
fired. Pro-union workers are often warned about this even when they are
not actively involved in the distribution of pledge cards or materials
just to intimidate them from speaking up for unionization.
The current union election system is not fair or free. It is much like
the “free elections” held in Communist countries or other dictatorships.
The Republicans and their large corporate masters are being completely
dishonest in the way they frame the issue and describe the current
situation.
Republicans falsely claim that workers are intimidated into signing
union pledge cards. This is so rare as to be almost non-existent. The
intimidation is almost entirely on the side of the companies. Companies
are in a position of power over workers. Co-workers are simply not in a
similar power situation. Only the company is really in the kind of power
position to intimidate workers.
Criminal behavior influencing union votes is almost always on the side
of the company. The Employee Free Choice Act is designed to stop this
criminal behavior and all intimidation of workers. The legislation says
that if a majority of workers sign pledge cards in favor of unionizing
the union will be automatically recognized by law. It is majority rule.
It eliminates the opportunity for the company to block the majority
desire for unionization by using illegal tactics and intimidation.
A vote against the Employee Free Choice Act is a vote in favor of the
current rigged system. It is a vote in favor of company intimidation and
illegal company behavior. It is a vote against the workers.
Democrats overwhelmingly support the Employee Free Choice Act. In the
House vote, only 2 Democrats voted against the legislation. 13
Republicans voted for the Employee Free Choice Act. The final vote was
241 in favor and 185 against.
Some Senate Republicans may attempt to block a vote on this legislation.
If they do, every working American should vote against them. If any
Democrat joins them, they should be defeated at the next election.
Workers should contact their Senators immediately and let them know
their vote on this legislation will determine your vote in the next
election.
It has been reported that Cheney has pledged that Bush will veto the
Employee Free Choice Act. This is the best reason I can think of for
voting Democratic in the 2008 Presidential Election if Bush vetoes this
pro-worker legislation.
The Employee Free Choice Act is a vote for worker rights. A vote against
it is a vote against worker rights no matter how the Republicans spin it.
Written by Stephen Crockett (co-host of Democratic Talk Radio
http://www.DemocraticTalkRadio.com
<http://www.democratictalkradio.com/>
). Mail:
Email: midsouthcm@aol.com .
Feel free to publish or distribute without prior approval.