Posts tagged Infrastructure and Jobs Act

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.