Free and democratic elections?
You won’t find them in the U.S. workplace. In fact, a new report shows
that when U.S. workers try to form a union under the rules of the National
Labor Relations Board (NLRB), they are operating under a system that more
closely resembles the phony “free elections” in authoritarian regimes --
those the U.S. government traditionally has condemned.
Gordon Lafer, Ph.D., a
University of Oregon political scientist and author of Neither
Free Nor Fair: The Subversion of Democracy Under National
Labor Relations Board Elections, says:
Anti-union employers are
making a mockery of the principle governing American elections. Weak
labor laws allow anti-union employers to manipulate the outcome of union
elections in a manner that is inherently unfair and undemocratic.
Union-busting activity in
the weeks leading up to union elections resembles practices that our
government routinely denounces when performed by rouge regimes abroad
He says passage of the Employee
Free Choice Act is “critical” to ensuring America’s workers have
a truly democratic process in choosing to join a union.
The report, released today by American
Rights at Work, comes just weeks after obstructionist Republican
senators blocked
a vote on the Employee
Free Choice Act. Echoing the multimillion dollar corporate propaganda
campaign that sought to undermine support for the bill, anti-worker
lawmakers claimed the bill would take away workers’ rights to secret
ballot elections if employees are allowed to choose to join a union when a
majority signed union authorization cards.
That argument, no matter how
often it is repeated, is wrong on two fronts. First, the Employee Free
Choice Act does not eliminate secret ballot elections. Secondly, under the
current NLRB, government-run election process, the report points out there
are a
myriad ways in which workers
are denied the most basic tenets of democracy…
and in fact, Neither
Free Nor Fair
addresses head-on the claim
that the NLRB election process guarantees workers a truly secret ballot
-- the central claim of anti-union advocates who seek to keep the
current NLRB system in place….
Instead, the report shows
NLRB elections fail to
safeguard workers’ right to keep their opinions private; and that, on
the contrary, the NLRB system results in workers being forced to reveal
their political preferences long before they step into the voting booth
-- thus turning the “secret ballot” into a mockery of democratic
process.
AFL-CIO President John Sweeney
says Lafer’s report
comes at a time when working
families are at the tipping point. Unions are the best anti-poverty,
middle-class supporting program in our nation, and are a key to turning
around the growing gap between the haves and have-nots. The
anti-democratic and skewed system detailed in Lafer’s study clearly
does not give workers a free and fair chance to improve their lives by
forming unions.
During Senate
debate on the Employee Free Choice Act, Sen. Hillary Rodham Clinton (D-N.Y.)
stressed the connection between strong unions and a strong middle class.
Clinton pointed out the advantages of belonging to a union:
-
Union workers earn, on
average, 30 percent more than nonunion workers.
-
Union workers are much
more likely to receive employer-paid health insurance and participate
in an employer-provided retirement plan.
-
Union women earn $179 more
a week than nonunion women; African Americans $187 more a week; and
Latinos $217 more a week. (Get more on the union difference here.)
The report documents how
employers:
Deny workers free
speech -- Although management is permitted to plaster the
workplace with anti-union posters, leaflets and banners, pro-union
employees are prohibited from doing likewise. Union organizers are banned
from entering the workplace—or entering publicly used but company-owned
spaces such as parking lots—at any time, for any reason. Employees of
the company are banned from talking about forming a union while they are
on work time and are banned from distributing pro-union information except
when they are both on break time and in a break room.
Use
economic coercion and intimidation
-- When employers speak out, employees always listen carefully for even
the subtlest hints as to what kind of behavior will be rewarded or
punished. This is all the more true in an economy where so many Americans
feel insecure about their economic future.
However,
under standard “union avoidance” strategy, supervisors are forced, on
pain of termination, to engage each of the people under them in
intimidating one-on-one anti-union conversations. Workers commonly report
illegal threats being made in these meetings, since there are no witnesses
present.
Even
without illegal threats, supervisor one-on-one meetings undermine
democracy. In these conversations, the person who has the most immediate
control over your hiring and firing, promotion or demotion, scheduling,
duties, hours and all other aspects of your work life explains why they
believe so strongly that a union would be destructive to the workplace.
Ostracize and defame
union supporters -- The NLRB allows employers to make nearly any
type of threatening or derogatory statement to employees, as long as it
doesn’t contain an explicit quid pro quo threat. Workers who have earned
their way to good standing with the company are often ostracized and
belittled by management after publicly asserting their support for the
union. In one example, a worker was followed to restaurants on days off by
security guards with walkie-talkies. A member of management was assigned
to work with her eight hours a day, five days a week, and was told he was
there solely to work on her to change her ideas about unions.
Lafer thoroughly deconstructs
the so-called “secret ballot” argument employers and anti–worker
lawmakers incessantly flog whenever the Employer Free Choice Act is
mentioned.
Much
has been made about the importance of the secret ballot in NLRB
elections. But, as this report documents, the NLRB safeguards the secret
ballot in name only.
But
this principle has been eviscerated by the NLRB. Federal law allows
anti-union managers to force individual employees into repeated,
intimidating one-on-one conversations with their personal supervisors
that are designed to make employees reveal their political leanings long
before election day. “Union avoidance” consultants typically script
supervisors’ conversations, train them how to read employees verbal
and non-verbal reactions, and have them ask indirect questions without
explicitly asking employees how they will vote.
Supervisors
often adopt a sophisticated grading system to mark the political
tendencies of each of their subordinates; for those whose leanings are
unclear, consultants require that supervisors go back for repeated
conversations until employees’ political sentiments have been flushed
to the surface. Unlike political elections, employee voters have no
right to walk away from such conversations or to insist that they
don’t want to discuss union-related issues with their supervisor. They
can be forced to engage in such conversations daily, or multiple times a
day, in an atmosphere of dramatically increasing pressure.
Click here
to download a copy of Neither Free Nor Fair.