Economy & Trade

Card-Check Legislation: Forced Unionism

The American people are about to find out just how left the Obama Administration and Democrat controlled Congress will lean over the next two years.  The initial bellwether will likely be card-check legislation.  This legislation would strip employees of their right to decide whether to unionize by a private ballot election and replace it with a system that empowers union organizers to pressure employees to sign a union authorization card in public.  The legislation was introduced in 2005 and 2007 and union organizations have made clear that card-check legislation is their legislative priority with a Democrat controlled Congress and White House.

Under the current National Labor Relations Act, employers may require an election before workers legally unionize.  This ensures that the true will of the workers is honored and prevents illicit tactics by union organizers to pressure workers to support the unionizing effort.  The Employee Free Choice Act (“EFCA”), which Senator Obama supported, would allow unions to collect cards from a majority of employees to certify a union without an election.  

The only justifiable purpose of stripping away an employee’s right to cast a private ballot and replacing it with a card-check is to increase union roles through pressure and coercion on the employees.  No one should fear an election conducted by private ballot and the current private election process should not be abandoned. 

It is hard to believe that such a discussion is even occurring in Congress.  Private voting rights are a fundamental principle of American democracy.  Private ballot elections ensure that the individual citizen is able to vote according to their will and not pressured by undue outside influences.  This would be the equivalent of Congress passing a law requiring citizens to forego their right to cast a private ballot in elections, shutting down our state’s election centers, and instead requiring voters to publicly cast their ballot in front of campaign activists.  What is most troubling about card-check is that the illicit intent of the proponents is transparent - card check is being driven solely by unions seeking to get rid of private voting so that they can increase their membership roles through coercion and intimidation tactics. The proposal serves absolutely no other purpose. 

The American public overwhelmingly agrees that card check is an extreme and shameful legislative proposal. According to a poll conducted in 2007 by McLaughlin & Associates, 89% of union and non-union households believe that having a federally-supervised secret ballot election is the best way to protect the individual rights of workers and that same percentage said a worker's vote to organize a union should remain private.  The poll also revealed that this is not a partisan issue among voters, 73% of Republicans and 70% of Democrats would be less likely to vote for a Member of Congress who voted in favor of taking away a worker's right to a federally supervised secret ballot election.

Unions have contributed millions of dollars across the country with the objective of securing a Democrat controlled Congress and White House and are now demanding passage of card-check legislation in return.   Our elected officials, regardless of their party affiliation, must respond in a manner that demonstrates certain principles of American democracy will not be compromised to gratify special interests.  After two years of campaigning on “Change” and “minimizing special interests role in Washington,” the irony will not be lost on the American people if one of President Obama’s first legislative signings authorizes a pure special interest political kickback.