It was widely reported last week that labor legislation pending in Congress won’t include the “card check” provision sought by labor unions.
Card check would have enabled eligible employees to form a union simply by signing up. The law would have stripped companies of the right to demand that unionization be certified by a secret-ballot vote.
Business advocates like the U.S. Chamber of Commerce portrayed card check as a betrayal of workers’ right to vote. It has been a successful strategy. Until now, they have used such arguments to successfully sidetrack the Employee Free Choice Act.
There was nothing undemocratic about the card-check provision; workers retained the right to request a ballot vote, and the real issue was management’s ability to campaign against collective bargaining. But labor was not able to win over a key constituency ”“ moderate Republican and Democratic senators.
By recognizing this reality, those who wish to enact laws to help working Americans will be able to focus on solving persistent workplace problems. The Employee Free Choice Act focuses on two in particular.
”“ Enforcement: Workers have the legal right to organize on their own behalf, and it is illegal for employers to harass, intimidate or fire employees for attempting to form a union. Yet such punishments, though illegal, are commonplace because enforcement is spotty and ineffective.
The bill seeks to establish penalties that are strong enough to act as a deterrent.
”“ Bargaining: Once employees have agreed to form a union, the both sides should bargain in good faith to establish the first contract. Unfortunately, foot-dragging is commonplace on the management side and almost half of new unions fail to achieve a contract within two years.
As an incentive, the legislation proposes to require binding arbitration if a union and company fail to reach agreement on a first contract after 120 days.
Not everyone agrees that such measures are needed. The Chamber of Commerce argues against the idea of establishing “”harsh new penalties for business.” It characterizes binding arbitration as “putting government regulators in charge of private business decisions.”
Some will oppose any bill strengthening workers’ rights. But in the last 40 years, unions have been weakened by rules and laws favoring business, and hard-nosed resistance by companies to organizing efforts by employees. As a result, income and benefits have stagnated for the rank and file.
American workers deserve.
— Questions? Comments? Contact Kristen Schulze Muszynski or Nick Cowenhoven at 282-1535 or kristenm@journaltribune.com or nickc@journaltribune.com.more for their outstanding productivity, and labor legislation will help them get it.
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