Posts tagged Card Check
Commentary: Union ‘neutrality agreements’ are a threat to employers’ free speech
October 27, 2023 // Federal agencies have begun to make adoption of these so-called agreements a condition for federal contractors. For example, the U.S. Environmental Protection Agency and the Department of Health and Human Services have pushed neutrality agreements on contractors. The Treasury Department has even hinted it may alter the tax code to funnel job creators into these agreements. Virginia companies receive over $72 billion in government contracts annually, the largest amount among all states. These contracts are responsible for tens of thousands of Virginia jobs. It’s not difficult to see these forced federal neutrality agreement requirements as a backdoor attempt to silence Virginia employers and organize their companies. If allowed, this would be another blow to Virginia’s rich history of workplace freedom.
Big Labor Is an Economic and Political Dead End
October 26, 2023 // While misguided faux populists like Senator Hawley adopt the policy positions of union leaders who want to force as many workers as possible to fund their self-interested political agenda, other Republicans should stand with workers and co-sponsor the Employee Rights Act. It would protect workers’ right to secret-ballot union elections, the right of freelancers to remain independent (as the vast majority prefer), and allow workers to decide for themselves whether they wish to share personal information with union organizers or support union political spending. Too often, labor issues are inaccurately described as having two sides: “union” and “management.” But this populist moment is the perfect time for Congress to stand up for the oft-forgotten but most important third group: actual workers. The Employee Rights Act would be the perfect start. In the face of President Biden’s advancing radical agenda and some Republicans’ erroneously gravitating towards it, this pro-worker legislation can’t be enacted a moment too soon.
CDW RELEASES WHITE PAPER SHOWING DANGERS OF EMPLOYERS AGREEING TO NEUTRALITY AND CARD CHECK AGREEMENTS
October 25, 2023 // “Card check agreements expose workers to coercion, intimidation, and deception. They prevent workers from voting for union representation through an NLRB-supervised, secret ballot election, forcing workers to make their decision in front of union organizers and colleagues. Union intimidation of employees to sign cards is well-documented, and that history should not and cannot be ignored. “These agreements decimate workers’ rights and should not be applauded or encouraged. Employers who care about their employees’ best interests shouldn’t agree to neutrality or card check agreements but instead should insist on protecting workers’ rights to a full and open debate and secret ballot elections.”
Commentary: Workers deserve to hear all sides of a story
October 23, 2023 // Neutrality agreements are contracts that require employers to stay silent in union organization efforts. They mean that employers can’t freely offer knowledge of workplace realities, counter misleading information given by an outside organization or give workers “cons” to a union’s “pros.” Long-sought by unions, neutrality agreements allow unions to give workers the information of their choosing while gagging employers. Requiring employers to remain silent during unionization efforts can leave workers with a one-sided argument — the union’s side. Long-standing precedent in which the judicial and legislative branches of government have defended worker rights would send the Biden Administration to detention for trying to deprive workers of their right to information.
Seattle Mariners Retail Employee Challenges Seattle NLRB Officials’ Refusal to Certify Overwhelming Vote Against Union
October 23, 2023 // Following an overwhelming workplace vote to remove United Food and Commercial Workers (UFCW) union officials, Seattle Mariners MLB retail employee Tami Kecherson filed a Request for Review defending the election result at the National Labor Relations Board (NLRB) in Washington, DC. The Request for Review comes after NLRB Region 19 officials in Seattle refused to certify the 50-9 vote result, and instead permitted UFCW union officials to “disclaim” interest in the bargaining unit and avoid restrictions on regaining control over the employees that normally apply to unions that lose elections. National Right to Work Foundation staff attorneys are providing free legal aid to Kecherson in her effort to defend the election victory. The Request for Review recounts that, after the worker-requested union decertification vote finally took place, UFCW union officials filed “blocking charges” against Mariners management in an attempt to delay the certification of the vote. “Blocking charges” contain unverified and often groundless allegations of employer interference in a union election.
Employee Advocate Issues Legal Notice After Labor Board Fast-Tracks Union Control Over Workers Without Secret Ballot Votes
October 7, 2023 // The notice explains that all employees have the right to refuse to sign a union authorization card, and to revoke any union authorization card they previously signed. It also reminds workers that “it is a good practice to inform both the union and your employer in writing that you revoked the card so that the union and your employer do not wrongfully count you as a supporter of union representation during a card check.” Workers also have the right to “sign and circulate cards or petitions against union representation, on non-work time and in non-work areas,” the notice states. Such petitions or cards can be used later to request the NLRB hold an election at the workplace to remove (or “decertify”) the union, and can also be provided to the employer as evidence to contest union claims of majority support. The notice provides links to sample letters revoking union authorization cards and sample union decertification petitions. “If you have questions about your rights during a union organizing campaign, you can contact Foundation staff attorneys for more information and assistance with exercising your rights,” the notice concludes.
Piscataway L’Oreal Employees Demand Vote to Remove RWDSU Union Officials from Facility
September 21, 2023 // Mark Mix. “RWDSU is still trying to impose itself on workers at the large Amazon facility in Bessemer, Alabama, despite those workers voting not once, but twice to reject the union’s presence.” “Unfortunately, the Biden NLRB is trying to make it easier for union officials who seek to undermine worker votes to cling onto power, but Foundation attorneys will continue to defend Ms. Hoyos Lopez and any other employee who seeks to exercise their individual right to vote out unwanted union officials,”
Op-ed: Workplace Democracy Dies in Darkness at the NLRB
September 19, 2023 // A current unionization campaign shows the threat. After losing an April election at a New York City store, the Trader Joe’s United union claimed that management tainted the election. How? By informing their employees about the company’s views on unionization and putting limits on posting union flyers on bulletin boards and break-room tables. The union wants the NLRB to force Trader Joe’s to bargain, yet regardless of whether that happens, unions will take advantage of Cemex and launch a new wave of organizing campaigns, even ones they’d normally lose. The Cemex decision should be seen for what it really is: A blatant handout to unions — and a blatant assault on workers and job creators. The best answer to the NLRB ruling is the Employee Rights Act, which, among other things, would permanently ban card check and protect workers’ right to a secret ballot. Workers would get a second election instead of being forced into an unwanted union. Businesses and workers are also likely to challenge the NLRB in federal court. They deserve to succeed. If unions want to represent workers, they should win a vote in a free and fair election.
Op-ed: With fewer workers choosing unions, administration turns to taxpayer dollars to boost union ranks
September 19, 2023 // First, some solicitations for grants, such as under the Environmental Protection Agency’s “Clean School Bus” program, ask whether applicants will recognize card check certifications. Card check is a process where workers are denied the chance to vote for or against a union by private ballot. Instead, union organizers are allowed to repeatedly pressure them to sign cards, in public. Both the text of the National Labor Relations Act and numerous court rulings (including by the Supreme Court) have recognized that private ballots are far superior to signature cards in determining workers’ true feelings about unionizing. Apparently, the administration thinks “free and fair” means a free and fair chance for organizers to pressure workers into saying “yes.” Second, many grant solicitations, such as those under the Department of Energy’s “Home Energy Efficiency Contractor Training,” “encourage” applicants to remain neutral in organizing campaigns. What this means is that employers are being asked to waive their statutory right to discuss the potential negatives of unionizing with workers. Instead, workers will get just one side of the story — that of the union. With no other source of information, workers might just decide to say yes, especially when being pressured to sign a card. Third, some applications, such as those published by the National Telecommunications and Information Agency to build broadband, ask applicants to sign labor peace agreements. Labor peace certainly sounds desirable, but here’s what it means in practice. Let’s say a union decides it wants to represent the workers of a particular grantee. Upon notice of that intent, the grantee would have to get the union to sign a labor peace agreement, which typically includes a “no-strike” pledge among other provisions. The catch is that if the union doesn’t sign, you don’t get your grant. This gives the union tremendous leverage to demand organizing concessions, most notably things like card check and neutrality.
Wisconsin Spartek Workers Successfully Force Out UE Union Officials as Labor Board’s Policy Shift Looms
September 14, 2023 // The repeal of the Election Protection Rule will also let union officials shut down worker attempts to obtain a secret ballot decertification vote for a year after union officials install themselves in a workplace via the so-called “card check” process. This move will be particularly dangerous to workers’ rights now that the Biden-appointed majority on the NLRB has voted to mandate card check recognition. Under the abuse-prone card check process, union officials bypass the NLRB’s traditional secret ballot vote procedures and instead use cards collected directly from workers – often through coercive or intimidating tactics – as “votes” for unionization. “Workers across the country are successfully exercising their right to kick out unwanted union officials, especially with Foundation aid,” commented National Right to Work Foundation President Mark Mix. “This trend is a threat to the Biden Administration’s union boss political allies, and the Administration has been pursuing a radical agenda to trap workers under unions’ so-called ‘representation’ and increase the influence and dues revenue of its favorite special interest.”