Issues

Card Check/Employee Free Choice Act

Position

The Chamber opposes passage of the Card Check Bill which was blocked in the Senate after passing in the House in the last session of Congress. Democrats have made this one of the top legislative priorities in 2009. Organized labor made support for the Card Check Bill a litmus test for candidates that it supported in the 2008 elections. President Obama indicated he would sign the bill if passed by Congress. Under current law, if union organizers collect signatures from at least 30 percent of the employees in a bargaining unit, the federal National Labor Relations Board will hold an election to determine whether to certify the union. This process, established and refined through decades of experience, carefully balances the interests of employees, unions, and employers in order to ensure that workers can hear all sides and then make up their minds and vote in private, without intimidation or coercion. Today a majority of elections are held within 39 days and a majority of union elections are won by organized labor. Because union density has dropped so low (to about 7.5 percent in the private sector), organized labor is seeking to change the rules and make it easier to organize. The card check bill would do just that - instead of determining whether a union would be certified through a federally-supervised secret ballot election, the union would be certified the moment it collected a majority of signed authorization cards. The Card Check Bill would therefore eliminate the campaign period and the legal requirements that regulate it, not to mention eliminating the ability of employees to make an informed decision in private. Instead, employee decisions on unionization would be made in front of union organizers greatly increasing the opportunity for coercion and pressure in the union organizing process. The Card Check Bill's mandatory interest arbitration provisions would remove any incentive for the employer or the union to adopt realistic bargaining positions, as each would be posturing for the arbitrator, and would give the arbitrator control of the most basic business decisions. Eliminating the secret ballot process runs counter to that which Americans value most, the ability to make decisions in private and without coercion.
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