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FEBRUARY 2007
Restore the Freedom to Choose Unions
by Rick S. Bender, President of the Washington State Labor Council, AFL-CIO

In America , we are supposed to have the freedom of association.  At our jobs, that translates to the freedom to choose whether we want to organize a union and bargain collectively.   But the federal labor law that is supposed to guarantee that freedom has been chipped away for decades, and now employers routinely deny workers this freedom of association. 

Current law says Americans have the right to choose unionization free from intimidation, harassment and coercion by their employers.  But in reality, enforcement is so weak and the penalties so small that employers routinely ignore the law.   Some threaten to close plants.  Others just fire union supporters.  Some simply ignore that a union election has taken place and refuse to negotiate a first contract.

Who’s to stop them?  There are no police assigned to stop this type of illegal activity.  Some, but not all, unions can afford to pursue a legal complaint-and-appeals process that takes years on behalf of illegally fired workers who technically aren’t even their members.  If they succeed, maybe the employer will have to pay some back wages.

Too many employers are willing to pay that price to prevent their workers from getting a union contract.   It’s gotten so bad that about one of every five union supporters can expect to be illegally fired as a result of their union activity, according to the Center for Economic and Policy Research.

“Aggressive actions by employers -- often including illegal firings -- have significantly undermined the ability of U.S. workers to unionize their workplaces,” says the study released this year. “With the legal penalties for such actions being so slight, employers can break the law to head-off organizing efforts and face almost no real repercussions.”

 

It’s time for us to stand up and say, enough is enough!  We are Americans, and we will not have our freedoms and our right to collective bargaining taken away by union-busting corporate attorneys, nor by a government that turns a blind eye to their illegal activities.

The new Congress aims to level the playing field and restore the freedom to choose unionization through the Employee Free Choice Act.

The EFCA would establish stronger penalties for violation of employee rights when workers seek to form a union and it would provide mediation and arbitration for first-contract disputes.  But most importantly, it would allow workers to form unions by signing cards authorizing union representation.  This would help avoid worksite elections where employees are routinely pressured, harassed and manipulated by their employers.

Corporate lobbyists who oppose the EFCA say they want to preserve “secret ballot elections.”  Of course they do.  These “elections,” which are scheduled by the government after a majority of workers have already indicated they want a union, give employers several months to harass and intimidate captive employees into voting “no.”

Imagine an election where a political candidate could force you to attend meetings bashing his or her opponent and could also threaten your family’s livelihood, and you begin to get the idea.  These elections are a joke, and the deck is severely stacked against workers.

More than half of all Americans say they would like to organize a union at their workplace, according to a new survey by Peter D. Hart Research Associates.  Why wouldn’t they?  Union members make more money, are more likely to get health and retirement benefits, and have better job security. 

And yet, the overall U.S. unionization rate continued its decades-long decline in 2006 to 12.0 percent, as union membership dropped 326,000 to about 15.4 million.

The EFCA, which was introduced earlier this month, is co-sponsored by 234 U.S. Representatives, including Washington Reps. Jay Inslee, Rick Larsen, Brian Baird, Norm Dicks, Jim McDermott and Adam Smith.

“The Employee Free Choice Act is one of the most important pieces of legislation we will address in the 110th Congress,” says Rep. Smith (D-Tacoma).  “Our worker protections have slowly deteriorated as the National Labor Relations Board fails time and again to preserve workers’ right to organize. We are long overdue in strengthening our federal labor laws and the Employee Free Choice Act is a monumental step in the right direction.”

 

It’s time to take that step.  It’s time for our bosses to butt out of union elections, so working people have a real opportunity to make up their own minds.

 


 

Rick Bender is President of the Washington State Labor Council, AFL-CIO,
the largest labor organization in the state.

 


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Copyright © 2007  Washington State Labor Council, AFL-CIO