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A crucial bill that helps protect workers' rights
Kansas City Star Apr 11, 2009
By Megan Hope

Long before the present economic crisis, Americans watched the shrinking of our nation’s middle class and the expansion of low-paying jobs and uninsured people. The gap between rich and poor is now wider in the United States than in any other industrialized country. It’s no coincidence that these changes occurred as union membership declined.

The Employee Free Choice Act is crucial legislation that protects American workers’ freedom to choose a union and bargain without management intimidation.

A common misconception is that the act would do away with secret ballot union elections. Under current law, a union is recognized when a majority of workers demonstrates support — by signing authorization cards, signing a petition or holding a secret ballot election. If at least 30 percent of workers sign cards, they can request a secret ballot election. The proposed act does not change that.

What it does change is who gets to decide how a union is formed. Right now, if a majority of workers chooses to sign cards, employers alone have veto power over them.

Why might workers choose a card check over an election? Skeptics might say it’s because unions, fearing an election loss, pressure employees to sign cards.

But that ignores the reality of today’s union organizing process in which employers can direct workers to attend meetings scripted by union busters, threaten to close up shop and fire the organizing committee.

Union representatives are not allowed inside the workplace. Ask the Fox 4 photographers, reporters and anchors who voted to unionize in 1999. They were bombarded by anti-union messages, while pro-union talk was stifled.

Workers know that by the time the secret ballot election finally comes, some will be so confused that the process will hardly be democratic. This happened in February 2008 to Argosy Casino dealers in Riverside. Initially, 65 percent backed the union, but after management’s consultants intervened, the union lost 2-to-1.

Under the proposed act, once a union is formed, both sides have 90 days to negotiate a contract. If no agreement is reached, it goes to arbitration. Labor arbitrators have been interpreting union contracts since World War II. Arbitration of contracts is common in the postal service and for other public-sector contracts.

Currently, employers often stall negotiations on a first contract until workers give up. If the new act were law, the nurses at Centerpoint Hospital in Independence, who organized a year ago, would already have a contract instead of facing possible union decertification.

Particularly in this economy, we, as workers, deserve genuine, democratic control over our economic security. That’s what the Employee Free Choice Act is all about.

Megan Hope of Kansas City is community co-chair of Kansas City Jobs with Justice and president of the Kansas City Worker Justice Center.

EFCA would grant power to the people
The Colorado Statesmen Apr 10, 2009

Dear Editor,

While Wall Street only recently went into crisis mode, working families have been feeling the pain for years. Even though worker productivity has soared over the last 25 years, wages have gone stagnant. Working families had to turn to second jobs, credit cards and toxic loans just to stay afloat. Meanwhile, corporate executives squandered workers’ increasing profitability on their jet-setter lifestyles.

There’s no question that we need to bring a sense of balance back to our economy and at our places of work. The Employee Free Choice Act would restore workers’ freedom to choose how they want to form a union and bargain collectively for better lives. Ads have falsely attacked this much-needed legislation on the basis of some red-herring notion that it would take away the right to a secret ballot.

So let’s be clear. Workers can still opt for a secret ballot election if they so choose. This legislation gives workers another choice: to form a union when a simple majority of workers sign authorization cards.

The real debate comes down to whether you think corporate executives or workers should get to decide how workers form their union. Today, the boss decides for you. The Employee Free Choice Act puts that decision back in the hands of workers.

Majority signup isn’t new. Over 500,000 workers have joined unions through the less-divisive majority sign-up process at companies like AT&T since 2003.

In the midst of today’s economic uncertainty, we need to be doing everything we can to strengthen and grow the middle class. Working people know that the power to bargain collectively is the surest way to secure livable wages and quality health care. The Employee Free Choice Act is the key to making sure that working families earn their fair share for their hard work.

Polly Baca
Denver

Polly Baca is a member of the Colorado Jobs with Justice Workers' Rights Board

An Unfair Characterization of EFCA

Dear Editor:

The Employee Free Choice Act (EFCA) now before Congress makes it easier for employees to designate a bargaining agent, such as a union. I ask everyone to become informed about this legislation and ask Sens. Snowe and Collins to support it. This legislation gives employees of a bargaining unit the right to decide whether to call an election or use the card check method of approving or disapproving representation. Under current law, it’s the employers who do the deciding.

The Ellsworth American ran an editorial on March 12 that unfairly characterizes the EFCA; the editorial found fault with the provision that would confirm the right of workers to form or join a union by the card check method, that is by simply signing up. This is, of course, how most organizations are formed, from bowling teams to churches. History shows that employers have often intimidated and even fired employees in their attempts to influence the outcome of a future election.

The American middle class, whose heart is small business owners and union workers, is in trouble. As union membership has declined, wealth inequality has dramatically increased. According to a recent report by the Center for American Progress, a 5 percent increase in union workers would add $77 million to the Maine economy. I am talking here about unionization at Walmart and other large corporations and not about unionizing small businesses. The Employee Free Choice Act will strengthen the middle class.

Two years ago, the Employee Free Choice Act won a majority of bipartisan support in both houses of Congress, but was stopped in the Senate by a filibuster. Now, in the midst of our national economic crisis, it’s time for Sen. Collins and Sen. Snowe to stand with Maine’s workers and allow the Employee Free Choice Act to become law and play a part in rebuilding a fair and balanced economy.

Martha Dickinson
Ellsworth

A Life Jacket for Workers
The Ellsworth American (Maine) - March 26, 2009

It’s town meeting season in Maine, a time when we citizens in smaller towns have the opportunity to vote and make choices about economic issues important to our families. I am thankful for such a democratic system of town government. I am also thankful that I have similar democratic options as a member of my union, the National Association of Letter Carriers. We too vote on economic issues, such as contracts, union dues and all union disbursements. We vote on issues pertaining to working conditions, safety and health. Members vote for all union representatives by secret ballot. We don’t vote just once a year; at each of our monthly union meetings, anywhere from eight to 20 votes are taken on various questions.

Workers without union representation don’t get to vote on anything. Period. Right now, should workers decide to seek a measure of democracy at work through union representation, they face one huge obstacle: employer intimidation. Since the National Labor Relations Act was passed in 1935, there have been just 42 cases of proven misconduct on the part of union organizers. That’s well below one per year. In the year 2007 alone, there were 29,559 instances of management using illegal firings and other discrimination against workers seeking to unionize.

The Employee Free Choice Act, just introduced into Congress, is a life jacket for workers who want to have a voice at work to improve benefits, wages and working conditions. The current system for forming a union is unfair because it gives employers, not workers, the right to decide the method used: secret ballot election or majority signup. Most employers opt for the election, not because they like employee democracy, but because the 45-day (or longer) process allows them ample opportunity to use means both legal and illegal to influence the outcome (see above). The Employee Free Choice Act will let workers themselves choose how to unionize. They can use the election process (if 30 percent of them want to), or they can collect union authorization cards from a majority of their co-workers (majority signup) and thus skip 45-plus days of intimidation.

Contrary to the statements of corporate interests and their lobbying groups, the Employee Free Choice Act does not change how unions are formed, nor does it take away the right to a secret ballot. Secret ballot elections and majority signup are both used today. The act will simply (and justly) give the choice back to workers. It’s clear that corporate leaders do not always know what’s best for us. Look at how they’ve ruined our financial system. Workers need to have a bigger voice in the economy.

The tradition of town meetings that I grew up with in Maine taught me the value of participatory democracy. I cannot imagine tolerating a less democratic form of town government. I likewise cannot imagine why anyone who cares about democracy would tolerate a broken system that makes it possible for management to intimidate workers into silence. My praise goes out to Reps. Mike Michaud and Chellie Pingree (co-sponsors of the Employee Free Choice Act) for listening to Maine’s working people who want a voice on the job and a better life for their families.

Surry resident John H. Curtis is a letter carrier who works out of the Ellsworth Post Office.

Unions Improve Workers' Lives and Communities
Richmond Times-Dispatch - February 28, 2009

Once again the newspaper is bashing unions ["New Virginia?"]. Several editorials in the past few months have demonized union members and characterized them as bullies bent on destroying democracy and the cause of our economic problems.

Do you realize whom you are talking about? You are talking about thousands of hard-working citizens around Virginia. You are describing our teachers and firefighters, the workers at Verizon and Philip Morris, the 18-year-old grocery clerk, and your electrician. You are describing me -- a letter-carrier. Union members in Virginia simply have chosen to bargain collectively for a better life.

With our economy in a tailspin, it's time to rebuild our economy so that it works for everyone again. People who have unions earn 30 percent more than people who don't, and are much more likely to have health care and pensions.

Beyond being good for workers, unions are good for communities. Better wages and benefits mean that families can make it on their own. Our country needs unions now more than ever. It was so nice to hear that the three Democratic candidates for governor (Creigh Deeds, Terry McAuliffe, and Brian Moran), as well as lieutenant gubernatorial candidate Jody Wagner, decided to stand up for working people in Crystal City.

Thelma Hunt, National Association of Letter Carriers, Branch 496. Richmond.

EFCA Will Pass -- The Status Quo Is a Sham
Richmond Times-Dispatch - February 27, 2009

Your "Stark Differences" editorial was a tirade against the Employee Free Choice Act that unwittingly revealed the real reason we need it. When you note that the EFCA "could effectively eliminate the secret-ballot election," you are right on the money -- but not because the bill mandates any such thing. In fact, under the EFCA, workers would be free to choose whether to organize by either a simple majority of signed worker authorizations (card check) or a secret ballot election. Either way, the EFCA allows workers to make the decision.

The reason folks support the EFCA is as simple as the main provision of the bill itself: If a majority of workers sign union cards, they are entitled to union representation. The current secret-ballot system that your editorial champions as a "cornerstone of representative democracy" is a sham. It allows management, not workers, to dictate the terms of the vote. That translates into allowing corporate union busters ample time to intervene in the process with a combination of threats, bribes, and other tactics designed to strangle the baby in the crib. That's hardly democratic. That is also why the secret ballot election will likely disappear when the EFCA is passed.

And it will pass. The EFCA has had broad support for years. Only the threat of a Republican filibuster kept it from passing in Congress in 2007 -- a fact your editorial conveniently omits. You quote GOP gubernatorial candidate Bob McDonnell, who warns that "this is not the time to imperil our free enterprise system." Wake up! It's already in trouble and it's because of greedy CEOs and hapless management, not unions.

If folks want to organize for better pay, better health benefits, and better working conditions, why not let them? It's only fair.

Ted Peebles. Richmond.

EFCA Would Restore A Strong Middle Class
Richmond Times-Dispatch - February 27, 2009

The recent letter by Harry Roberts, "Senator Should Heed Constituents' Views," incorrectly portrays the Employee Free Choice Act (EFCA) as eliminating workers' rights to a secret-ballot election. This is absolutely not true. The EFCA does not affect the option to hold a secret ballot election -- it simply makes it the workers' choice rather than the employer's decision.

There have been two options for choosing a union since 1935: majority sign-up or a National Labor Relations Board (NLRB) election process. Under the EFCA, the two options will still exist. The difference is that a majority of workers will decide between the two options instead of management making the decision for the employees. Shouldn't it be the workers' decision and not the employer's?

I applaud Sen. Jim Webb for his stance on the EFCA. Most Virginians are hurting right now. For too long we've let Wall Street and CEOs go unchecked. Now our economy is collapsing and working families like mine are losing their jobs, their homes, and their health care.

We need to act now to ensure that workers -- and not just CEOs -- can share in the prosperity they help create. The EFCA would give workers the choice of how they want to form a union to secure improved wages, benefits, and working conditions. This legislation would simply restore basic rights workers enjoyed for decades when our middle class was strong.

Jewel Royal. Richmond.

Stripped of hysterical rhetoric, EFCA worth a look
Bangor Daily News - January 29, 2009

Proposed changes to federal labor law don’t often provoke media furor. The big exception is the Employee Free Choice Act, or EFCA, which would change the way unions are certified as bargaining agents by the National Labor Relations Board, or NLRB. What’s the big deal?

Certification begins when workers sign authorization cards, indicating that they would like to be represented by a particular union. Under current law, if more than 50 percent of employees sign cards, the employer can decide that this “card check” — overseen and validated by the NLRB — constitutes a de facto election and recognize the union. Or the boss can refuse to recognize the card check and require a secret ballot vote. It’s the employer’s choice.

EFCA would shift this decision to the employees. If they want a secret ballot, they get one. If they don’t, no secret ballot would occur, as long as a majority signs cards indicating a preference for union representation. There are, of course, safeguards. Allegations of illegal coercion, for example, would trigger a secret ballot.

It seems simple. Yet nearly all the media frenzy surrounding EFCA — those TV ads, the OpEds, the phony telephone polls — stems from this change.

EFCA opponents seem to believe that competent adults — people who regularly say no to drugs, telemarketers, and their own teenage children — find it so inherently intimidating to be asked to sign a union authorization card that they invariably do so without a whimper of protest. They say that the only fair vote is by secret ballot.

EFCA supporters point out that many votes usually considered fair are not secret: a show of hands in a public meeting, a voice or roll-call vote in a legislative assembly. Nor does a secret ballot necessarily guarantee a fair election.

Imagine that a referendum election was scheduled in your town. Imagine that the town council required you to attend meetings at which the preferability of a No vote was strongly argued. Imagine that “consultants” noted whose lawns sported Vote Yes signs. Imagine that private conversations on the election were routinely re-ported back to the council. Imagine that if the council thought you would vote Yes, you could be evicted and forced to move out of town. By the time the election occurred, the pool of probable Yes voters would be considerably reduced. The vote might be by secret ballot, but the process would hardly be fair.

This is very like the situation under current labor law. Employers who claim they can’t afford to raise wages often hire high-priced consultants to help them defeat a union election. They schedule mandatory, closed-door, anti-union meetings — sometimes even one-on-one anti-union sessions with supervisors. They may threaten to close the workplace. If that doesn’t work, they resort to firing union activists. Securing redress for these violations of labor law is a cumbersome and expensive process.

Many workers have come to believe that the NLRB is no longer the neutral guarantor of rights and due process it was set up to be, and has become biased in favor of employers. That’s the impetus for EFCA.

This isn’t a new problem. Before 1965, it wasn’t illegal for black people to register to vote in Mississippi; it was just very, very hard. They were required to pass exams on arcane provisions of the state constitution. When a black person turned up at the service counter, the registrar’s office was apt to close. There were delays and procedural hurdles. Blacks who tried to register were subject to intimidation, harassment, even violence. Apologists for the status quo claimed that change would bring fraud and abuse of power.

Instead, change brought the Voting Rights Act. This abolished requirements for literacy tests, constitutional exams and character references. It made registering to vote simpler and more direct. Instead of protest marches, tear gas, and snarling police dogs, we now have elections, most of them by secret ballot. It’s not perfect, but it is progress.

EFCA is the equivalent change for working people. It would allow them to express their preference for or against union representation in a direct and simple way. If EFCA passes, no laws or regulations guaranteeing oversight of unions or requiring good faith in collective bargaining would be repealed. Union members would still vote for union officers or on contract ratification by secret ballot. Stripped of hysterical rhetoric, EFCA seems worth considering.

EFCA has passed the House. The Senate has yet to vote. When it does, I hope Maine's senators will give EFCA the fair consideration it deserves.

Lisa Feldman works at University College Bangor and is a member of ACSUM-MEA, the union representing clerical workers in the University of Maine System.

Unions Improve Life For All Workers
Richmond Times-Dispatch, January 23, 2009

The Employee Free Choice Act will give workers the ability to level the playing field. With its passage, workers won't have to worry about being fired or threatened by employers because of a desire to improve working conditions. Companies spend thousands to hire union-busting law firms to prevent workers from voting for unionization. Most force their workers to attend union-bashing meetings.

Unions don't have that same access to workers. Organizers depend on workers to educate and organize their peers. Many union locals don't have the massive budgets to allocate toward organizing that businesses use to prevent a "yes" vote in favor of a union. Passage of this act won't require workers in Virginia to join a union since we are a rightto-work state that prohibits compulsory membership.

Employees typically don't want a union when they are treated fairly and paid livable wages. Unions raise the standard of living for everyone by raising wages and ensuring critical items like job security, retirement, and benefits. In a union shop, management employees are typically paid more simply because union workers have higher wages. Unions also raise the pay scales of workers statewide in order for employers to remain competitive in the job market.

If companies would voluntarily provide the things that the labor movement has always fought so hard for -- a living wage, benefits, and pensions -- then there might not be such an urgent need for unions. In the meantime, we must ensure that all employees have the right to freely organize by passing the Employee Free Choice Act. Businesses and legislators should remember that we need good jobs to pay our taxes to the government, our tithes in church, and the costs of our children's education. The workers are the backbone of the commonwealth.

Breanne Armbrust. Richmond.

Legislation would restore balance in the workplace
St. Louis Post-Dispatch - Janauary 22, 2009

By Bob Soutierand Martin Rafanan

A core principle of democracy is to "let the voters decide." Yet an initiative petition just filed in Missouri aims to stop workers from democratically deciding how they would join a union in their workplace. A business-backed group called SOS Ballot Missouri is making the sensational claim that a modest piece of proposed federal labor law reform called the Employee Free Choice Act would "do away with secret ballot elections for union representation." In fact, that legislation restores democratic rights at a time when workers need a stronger voice in the workplace more than ever.

The Employee Free Choice Act does not end secret-ballot elections. In fact, the law would change nothing about how unions are formed. Under current law, a union is recognized when employees demonstrate support from a majority of the work force. That majority can be shown through signing authorization cards, signing a petition or by having a secret-ballot election.

Pending legislation would change only who gets to choose how to form the union. It would make that the choice of the workers, instead of the choice of their boss. Under the Employee Free Choice Act, even as few as 30 percent of the workers can request a secret-ballot election.

Why does putting the choice of how to form a union in the hands of the workers scare the funders of SOS Ballot Missouri? A 2005 survey by national polling firm Peter D. Hart Research Associates showed that 57 million workers would form a union tomorrow if given the chance.


It is very important that workers have a choice in how they form their union. Most citizens don't know that workplace elections work nothing like how we elect our mayor or state representatives or even the PTA president. The employer controls when and where the election happens. Employers are allowed to bombard employees with anti-union messages anywhere, any time in the workplace. Union representatives have no right to set foot in the workplace. We never would allow our politicians to continue to draw out their campaigns until they got to the point where they thought they would win, but that is exactly what we allow companies to do under the current National Labor Relations Board election system.

United States workplace elections are so unfair that in 2000 Human Rights Watch issued a report on the abuse of workers' freedom of association in the United States. Employers hold the livelihood of their workers' families in their hands. Shamefully, too many employers abuse that power. Research by Cornell University showed that during union elections, more than half of employers threaten to close the workplace if a union is formed. The National Labor Relations Board's own annual reports show that every 23 minutes a U.S. worker is illegally fired or discriminated against for supporting a union.

While giving workers more rights may scare some business interests, it shouldn't scare us. The whole community benefits when unions are stronger. It's not a coincidence that as union membership has declined, we've seen a shrinking middle class, more low-paying jobs and a huge increase in the number of people without health insurance. The gap between rich and poor has grown wider in the United States than in any other industrialized nation.

Higher levels of union membership help raise living standards for all workers. Strong unions set a pay standard that nonunion employers follow. States in which many workers are union members have lower poverty rates, better schools, more people with health insurance and less crime than states in which few people are union members. Social Security, Medicare, the Civil Rights Act, the Americans with Disabilities Act are landmarks of American policy won by unions united with workers.

SOS Ballot's disingenuous rhetoric about "secret ballots" cloaks this Missouri ballot initiative's very real attempt to further constrict the ways workers can regain some control of their economic future by forming a union. Right now, Congress is debating billions in federal dollars for job creation as our best shot to turn the economy around. Modest reforms like the Employee Free Choice Act would help ensure that new jobs bring a restored economic security for our families and our communities.

Bob Soutier is the President of the Greater St Louis Labor Council. The Rev. Dr. Martín Rafanan is the co-chair of the Workers' Rights Board of St Louis Jobs with Justice.

Websites: www.mojwj.org and www.aflcio.org

Fairness for Workers

The two letters against the Employee Free Choice Act, by Gary Porter on Jan. 4 and Bill Haskins on Dec. 31, demonstrate how misinformed people are and how some don't want the public to know the truth about this important legislation.

Seventy countries around the world provide a fair way for workers to form a union. Unfortunately, the United States is not one of them. Workers here must endure an undemocratic election process that allows employers to run intimidation anti-union campaigns prior to the election. Some workers who stand up for unionizing their workplace are fired. The companies always say it was for other reasons, but the underlying fact is they want a voice at their workplace and are considered troublemakers for asking to be treated fairly. More than ever this is the time and the place for the Employee Free Choice Act to become law. It would fine companies for intimidating employees into voting against the union when they really want and need one. The act would make a majority of workers eligible to form a union.

Advocates of the act say the biggest misconception of this law is the notion that card checks would replace election. The bill would not eliminate the election process, but only gives workers a second choice. When workers are given a fair chance, 80 percent will join a union if employers stay neutral. At Verizon, over 95 percent of workers join our union to help improve their way of life. Sen. Jim Webb and President Barack Obama both support the act and will sign this legislation to help all workers receive better pay and benefits. I hope that everyone that reads this will start helping workers keep good-paying jobs in this country.

Denny Balderson Executive vice president, CWA Local 2205 Newport News 

Group misrepresents union ballot issue
Southeast Missourian - Saturday, January 17, 2009

By Zena Burns and Mark Baker

A core principle of democracy is to "let the voters decide." Yet an initiative petition just filed in Missouri aims to stop workers from democratically deciding how they would join a union in their workplace. A business-backed group called SOS Ballot Missouri is making the sensational claim that a modest piece of proposed federal labor law reform called the Employee Free Choice Act would "do away with secret ballot elections for union representation." In fact that legislation restores democratic rights at a time when workers need a stronger voice in the workplace more than ever.

The Employee Free Choice Act does not end secret-ballot elections. The law would change nothing about how unions are formed. Under current law, a union is recognized when employees demonstrate support from a majority of the work force. That majority can be shown through signing authorization cards, signing a petition or by having a secret-ballot election.

Pending legislation would only change who gets to choose how to form the union. It would make that the choice of the workers instead of the choice of their boss. Under the Employee Free Choice Act, as few as 30 percent of the workers can request a secret-ballot election.

Why does putting the choice of how to form a union in the hands of the workers scare the funders of SOS Ballot Missouri? A 2005 survey by national polling firm Peter D. Hart Research Associates showed that 57 million workers would form a union tomorrow if given the chance.

It is important that workers have a choice in how they form their union. Most citizens don't know that workplace elections work nothing like how we elect our mayor or state representatives or even the PTA president. The employer controls when and where the election happens. Employers are allowed to bombard employees with anti-union messages anywhere, anytime in the workplace. Representatives of the union have no right to set foot in the workplace. We would never allow our politicians to continue to draw out their campaigns until they got to the point where they thought they would win, but that is exactly what we allow companies to do under the current National Labor Relations Board election system.

U.S. workplace elections are so unfair that in 2000 Human Rights Watch issued a report on the abuse of workers' freedom of association in the United States. Employers hold the livelihood of their workers' families in their hands. Shamefully, too many employers abuse that power. Research by Cornell University showed that during union elections more than half of employers threaten to close the workplace if a union is formed. The National Labor Relations Board's own annual reports show that every 23 minutes a U.S. worker is illegally fired or discriminated against for their support of a union.

While giving workers more rights may scare some business interests, it shouldn't scare us. The whole community benefits when unions are stronger. It's not a coincidence that as union membership has declined, we've seen a shrinking middle class, more low-paying jobs, and a huge increase in the number of people without health insurance. The gap between rich and poor has grown wider in the U.S. than in any other industrialized nation.

Higher levels of union membership help raise living standards for all workers. Strong unions set a pay standard that nonunion employers follow. States where many workers are union members have lower poverty rates, better schools, more people with health insurance and less crime than states where few people are union members. Social Security, Medicare, the Civil Rights Act, the Americans with Disabilities Act — unions united workers to win each of these important landmarks in American policy.

SOS Ballot's disingenuous rhetoric about "secret ballots" cloaks this Missouri ballot initiative's very real attempt to further constrict the ways workers can regain some control of their economic future by forming a union. Right now, Congress is debating billions in federal dollars for job creation as our best shot to turn the economy around. Modest reforms like the Employee Free Choice Act would help ensure that new jobs bring a restored economic security for our families and our communities.

Zena Burns of Sikeston, Mo., tried to form a union at her workplace in 2006. She is a member of the Missouri Jobs with Justice Coalition. Mark Baker of Jackson is the president of the Cape Girardeau Central Trades and Labor Council and on the board of Missouri Jobs with Justice.

Letter to the Editor in Response to "Free Choice’ Act Subverts Both Freedom and Choice"
Richmond Times-Dispatch - December 7, 2008

In his op-ed piece “'Free Choice’ Act Subverts Both Freedom and Choice,” A. Barton Hinkle suggests that allowing union recognition when a majority of workers sign union cards would lead to coercion on the part of organizers. For “those who doubt that union organizers sometimes play rough,” he suggests a review of the Pittston Coal strike of 1989-90 in southwest Virginia.   Yes, Mr. Hinkle, that strike did lead to the sending of hundreds of state troopers into the coalfields, more than 3,000 arrests and more than $50 million in court-ordered fines. It's too bad you didn't mention the reason for those arrests: thousands of union coal miners and their supporters employed a time-honored tactic of the Civil Rights Movement and peacefully, nonviolently sat down in the road to block scab coal trucks from servicing the coal company. And, in a critical “new level of creative militancy,” 99 miners and one minister occupied the key coal processing plant for four days in an action consciously modeled on the autoworkers' strikes of the 1930s that helped create this country's middle class.   The Pittston strike wasn't an example of intimidation of workers who didn't want to join a union. It was a heroic attempt by longtime union members to save the health care and disability benefits of retired miners and widows. And that struggle was won. It's too bad the 2,000 retirees at Henrico-based LandAmerica Financial Group didn't have a union. As reported in your paper, they just found out their health-care benefits and life insurance have been unilaterally canceled. Maybe they would have had a union to fight for them if the present labor laws weren't so stacked against unions, a situation the proposed Employee Free Choice Act is designed to correct.   Phil Wilayto Richmond , VA 23225   Phil Wilayto is co-author, along with Dave Cormier, of “'We Won't Go Back!' The Story of the Struggle of the United Mine Workers of America Against the Pittston Coal Company.”

Let's unite to end hunger for working families
Newsday - Dec 18, 2008

BY RICHARD KOUBEK | Richard Koubek is community outreach coordinator for Long Island Jobs with Justice.

With the recession well under way, a lot of attention is being paid to struggling Long Islanders who seek help at food pantries - as well as the outreach centers and pantries that don't have enough resources to help them. This year, Newsday and other media had to issue SOS calls for people to donate holiday turkeys so that charities could feed the hungry.

The fact that we have any hungry people on Long Island - with one of the nation's highest median family incomes - is astounding. What's more astounding is that most of these hungry neighbors were with us before the recession and will be with us afterward, and most definitely will still be around after the holidays.

Many of the quarter-million Long Islanders seeking help each year at food pantries work, but they're still poor. In fact, one in five Long Island households earns less than $40,000 a year, which is the true poverty level for our high-cost region. This is twice the federal government's definition of poverty. These are the folks each month who make tough choices: Do we pay the rent or feed the kids? Food is the first expense to go.

Of course, charities should continue feeding these desperate workers, but we should also get at the root causes of their desperation. One cause for sure is so simple it often misses us: They don't earn enough to pay their bills. And the solution is also obvious: They should work in a unionized job. Union members earn 30 percent more than nonunion workers, and they are 63 percent more likely to have employer-provided health care.

More than half of America's workers - 60 million - say they would join a union if they could. But too few will get that chance. Research conducted by Cornell University in conjunction with the U.S. Trade Deficit Review Commission shows that employers routinely rig the elections by which workers cast a "secret ballot" on whether they want to unionize. As St. John's University law professor David Gregory has written, "The election process ... is replete with unlawful firings of pro-union workers."

The Cornell study found that 25 percent of private-sector employers illegally fire workers for supporting a union. More than three-quarters use supervisors to pressure workers in one-on-one meetings not to join - or not to vote for - a union. Ninety-two percent of employers force workers to attend anti-union meetings or forbid pro-union meetings from being held on company grounds.

Over the past 45 years, the number of employers ordered to pay back wages to workers because they violated their right to organize has increased dramatically. Even so, enforcement of the existing labor laws has been very lax, because federal authorities have lacked the staff and political will to supervise labor elections around the country. And, the penalties are so low that many employers simply write them off as business expenses.

Unions helped create America's middle class. It's no coincidence that as union membership has declined, we've seen a shrinking middle class, more low-paying jobs and a huge increase in the number of people without health insurance. And yes, more and more non-unionized, low-wage workers have to get their holiday turkeys at a food pantry and presents for their children from charities.

One important way to address the root causes of hunger and poverty on Long Island is for Congress to adopt the Employee Free Choice Act. Under this law, a union would be certified as the bargaining representative when a majority of workers sign authorizations designating the union as its bargaining representative. It would bypass rigged elections and increase penalties against employers who intimidate workers when they try to form a union.

Next month, the new Congress will take up the Employee Free Choice Act. Then, when the holiday decorations are down and all the free turkeys are gone, desperate workers will still be earning too little to support their families. If they belonged to a union, things would be different.

The Employee Free Choice Act Can Help You Get a Raise
Kansas City Star - Nov 3, 2008
Judy Ancel, Director, The Institute for Labor Studies, UMKC

The election is over, and for the first time since 1994 working people have a chance to get long overdue reform of our labor laws. The Employee Free Choice Act (EFCA) can help restore some balance to labor relations.

Thomas McClanahan (10/26) called EFCA a “disastrous power grab by unions.” Hardly; the last I checked, corporations seriously outclass labor in power. For thirty years, they’ve expanded across the globe, imposed massive wage cuts, dumped pension and healthcare coverage, outsourced, and downsized. Today, we work harder and longer, but corporations pocket all our increased productivity. Income inequality is the highest since 1928, and this generation makes less than their parents.

We need unions to help bring back some security and balance for the working class majority. Without them we have no effective way to get a raise. Unfortunately, workers have lost the right to organize. In 1935 Congress passed the National Labor Relations Act mandating government to encourage collective bargaining and protect workers’ right to select representatives of their own choosing through government supervised elections. Employers can’t vote, and they were barred from interfering. However, in recent years government has allowed them to use every dirty trick in the book to poison free elections, so that today only one in twelve private sector workers is able to successfully exercise his or her rights.

When workers try to organize 75% of their employers hire a union busting consultant for advice on how to interfere. Their dirty tricks include captive audience meetings which 92% of employers use to misinform workers. Workers have no free speech in these meetings. Supervisors in 78% of workplaces hold one-on-one “interviews” with workers. Half of manufacturing employers threaten to move or close. Even worse, one-fourth of employers fire the ringleaders on the organizing committee. Employers also stall elections, giving themselves more time to intimidate and abuse. By the time workers vote, they are so traumatized that democracy has become a farce. This happened last February to Argosy Casino dealers in Riverside. Initially, 65% backed the union, but after management’s consultants intervened, the union lost two to one. Some of these tricks are illegal, but employers gladly break the law because penalties are slight.

The Employee Free Choice Act would fix some of this. It would give workers the choice to bypass this reign of terror if a majority signs cards. Then their union would be certified to bargain for them. Employers who break the law would face stiffer penalties. EFCA also stops employers from stalling negotiations on a first contract until workers give up by mandating mediation and then arbitration after 90 days if no contract has been signed. If this were law the nurses at Centerpoint Hospital, who organized a year ago, would have a contract instead of facing possible union decertification.

More than half of U.S. workers—nearly 60 million—say they would join a union right now if they could. Let’s give them the chance. Tell Congress to pass The Employee Free Choice Act.

Employee Free Choice Act

Columnist E. Thomas McClanahan predicts a “disastrous power grab by unions” if the Employee Free Choice Act becomes law (10/26, Opinion). Corporations have wielded enormous power over employees in recent decades, thanks to a spineless National Labor Relations Board and toothless employee protection laws.

A table needs at least three legs to stand. Society needs at least three legs as well: government, corporations and strong organized labor.

McClanahan decries the possibility or probability of intimidation by union organizers and peer pressure. Surely he is aware of the intimidation to which corporate representatives have subjected individual workers and the mandatory meetings workers must attend to listen to threats and warnings against unionizing.

I am hopeful that a new administration will appoint to the NLRB persons with spines. I am hopeful that Congress will give the NLRB legislation with teeth.

The U.S. needs the Employee Free Choice Act — and an NLRB with integrity.

Ted Schroeder
Kansas City

Collins needs to take stand for workers, unions
Bangor Daily News - Oct 24, 2008
by Steve Husson

With the economy heading into recession, it’s more important than ever workers achieve job security and receive the compensation they’re entitled. A proposed federal law would help them do just that by making the process of organizing a union fairer. Maine Sen. Susan Collins filibustered this law last year even though it won bipartisan votes in both houses of Congress.

In September, I was part of a delegation from Food AND Medicine, a Brewer-based workers’ rights group, meeting with Collins to urge her to support the Employee Free Choice Act (EFCA) when it’s reintroduced in Congress next year. I was chosen as part of the delegation because I have personal experience with the huge obstacles that, under present law, stand between workers and the improved pay, benefits, community and dignity of a union.

Several years ago I was part of the effort to organize my workplace, the DHL delivery office in Brewer. Since 70 percent of the workers signed up to have a union, the Employee Free Choice Act and common sense would say we should have had one. But under present law, the employer had the right to delay the process about 45 days and demand a vote.

It was during those 45 days that the injustice of the current system revealed itself. The employer has you all day and can make you listen to anti-union lawyers, watch anti-union films, and have pressuring one-on-one meetings with supervisors. The company raises fears that your job and economic life are in jeopardy if the union is established. Meanwhile, the union representatives cannot enter the workplace and can only ask for workers to please attend a meeting after work. It is about as fair as an election in Zimbabwe.

Despite these pressure tactics, the union still won the election at DHL — by a single vote. So we had our union then, right? Wrong! Rather than deal with an organized workforce, DHL shut the office, laid everyone off, contracted out the service to another company and required all the former workers to reapply for their jobs.

The new company broke the law by openly refusing to hire anyone they knew was pro-union. At the interviews they asked how I voted; one interviewer reached over and flipped up my lapel to see if it hid a union button.

We hit the street with picket signs: 72 paces down and 72 back in the snow, sleet and rain of early spring. We received a great deal of support from the community, local unions, most of the Democratic state representatives and three Republican state senators. Democratic congressmen Mike Michaud and Tom Allen gave us their support. One of our group, a staunch Republican, asked for support from Sens. Olympia Snowe and Collins offices, but we received none.

Our unfair labor practice case was fast-tracked by the National Labor Relations Board because the offenses were so blatant, but it still took 13 miserable, financially distressing, soaking wet weeks of uncertainty to win a simple case. And despite the outpouring of community support, it was one of the most troubling times of my life.

The Employee Free Choice Act will fix this broken system. It will allow workers to organize a union the same way snowmobilers organize a club or congregants form a church — by talking to one another, expressing support for the idea, and indicating their willingness to participate. It will also increase penalties for violations of labor law such as I suffered in order to make them more than a “cost of doing business” for unscrupulous employers and ensure a fair first contract through arbitration.

Sen. Collins and the other Employee Free Choice Act opponents’ argument that workers will somehow be coerced into joining unions is not credible. One study found that nearly “four times as many workers reported that management coerced them as opposed to the union.” (See briefing paper at http://dll.umaine.edu/ble/.)

Food AND Medicine presented Sen. Collins with a giant petition supporting the Employee Free Choice Act signed by 330 people, yet it seemed to have no effect on her. She seemed more interested in her party’s position than in the interest of working families of Eastern Maine. Once again we urge Sen. Collins to either support the act or go out to talk to workers about the reality of organizing a union in today’s workplace. She might learn what I’ve learned — the playing field is far from even and management holds way too much power. That’s wrong and we need some positive change.

Steve Husson was Teamster shop steward for DHL's Brewer station. He is the special projects coordinator for Food AND Medicine.

Letters: Public pensions, salaries and workers' rights
Portland Oregonian - September 28, 2008

A valuable Act for workers
David Reinhard is dead wrong in suggesting that the Employee Free Choice Act would abolish workers' rights to a secret ballot election ("The issue nobody's talking about, and it's not race," Sept. 25).

Since 1935, workers have been able to form unions through a majority signing a card or through an election. But currently the employer can reject majority signup. The Free Choice Act would forbid employers from blocking "card check," and it increases the penalties for employers who fire or otherwise illegally discriminate against pro-union employees.

Federal rules and regulations for union organizing have become increasingly hostile to labor. Current law allows employers to prohibit union advocacy during work, ban union organizers and require workers to attend anti-union presentations and fire those who refuse.

Most workers would join a union if allowed. The Employee Free Choice Act could help level the playing field, increase union density, reduce income inequality and rebuild America's middle class.

JAMIE PARTRIDGE
Northeast Portland

Act eases unionizing
I agree with David Reinhard that the Employee Free Choice Act is an important issue to the American public.

But his contention that the current system overseen by the National Labor Relations Board ensures union elections that are fair and free of fraud and coercion just isn't based in reality.

Oregon Secretary of State Bill Bradbury took the time to listen to several workers who have been coerced, intimidated and fired under the current system and he directly opposes Reinhard's views.

The Employee Free Choice Act penalizes employer abuses and gives workers a chance to form a union if the majority wishes.

JOE RASTATTER
Northeast Portland