Posts tagged secret ballot elections
OPINION: Bidenomics Labor Agenda on the Rise in Time for 2024 Election
February 6, 2024 // This means entrepreneurs will lose the ability to open their franchise stores like a McDonald’s or Meineke auto shop. It also means many small mom-and-pop businesses like plumbing, baking, accounting and cleaning can’t perform mutually beneficial services for other businesses without being slammed by costly new regulations, legal threats and even targeted unionization efforts — not to mention the loss of their American Dream to have an independent business in the first place. In other words, more than 750,000 franchises and even more small businesses serving as contractors and vendors are now under threat, as are tens of millions of workers. The similar 2015 Browning-Ferris joint employer rule was estimated to increase costs by more than $33 billion and lead to 376,000 lost jobs for franchises, meaning the new rule in 2024 will be even more costly. Next, on January 10, the Labor Department published a final independent contractor rule that modifies the subfactors used in Labor’s “economic realities” test to create as many roadblocks toward independent contractor careers as Labor can without legislation.
NLRB Clears Path for Union Representation Without an Employee Vote
December 19, 2023 // After Cemex, as explained in the GC memo, any violation by the employer during the campaign will automatically result in a bargaining order in favor of the union so long as the union can show that a majority of the employees signed a card or petition in favor of the union. The GC memo endorses this position regardless of the nature or severity of the violation. Moreover, equating a signature on a card or petition with unequivocal support for a union would seem to be a leap of faith—anecdotally, employees sign such documents for many reasons, including peer pressure, and may very well have a change of heart after learning more about working in a union shop.
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.
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.
Why you should care about the Cemex decision
September 13, 2023 // Up until the recent Cemex decision, employers could deny recognition of these authorization cards. In such cases, the union would need to petition the NLRB for a secret ballot election. However, under the new standard set by Cemex, the responsibility to petition for a secret ballot election now rests with the employer (with a suggested 14-day time limit). If the employer fails to do so, the union will be certified based on the original card check. Additionally, if the NLRB determines that the employer engaged in unfair labor practices during the election period, it can reject the election petition and certify the union based on card check. So, what does all this mean? It’s now easier for private sector unions to use card check to gain a foothold in workplaces, potentially leading to an increase in coercive practices and intimidation.
Why the secret union ballot is the new battle for worker freedom in Tennessee | Opinion
April 3, 2023 // Now, state leaders like me are standing up for workers’ freedom, once again, through Senate Bill 650. The issue at hand threatening Tennesseans’ right to work is union elections. When a workplace decides to vote on whether or not to organize under a labor union, the vote is unlike the private voting experience of citizens during a political election. Unfortunately, many workers must cast their votes in an open election, with their choice made public to union organizers. Due to the lack of privacy of the vote, many workers are subjected to a public pressure campaign by union officials bent on collecting enough signatures to unionize the workplace. The process is called card check.
How Utah Is Protecting Workers Without the Baggage of Unions | Opinion
March 28, 2023 // Utah's Portable Benefit Plan is a national breakthrough for independent contractors, establishing a legal pathway for entities to offer fully voluntary benefits plans that self-employed workers can open on their own. Unlike employer-sponsored health plans for traditional employees that are tied to jobs, Utah's self-employed workers instead will soon have access to a variety of new benefits plans that are entirely their own and entirely portable for their evolving careers. The possibilities of products that may be established are broad, including the potential for health insurance, unemployment insurance, and disability insurance related products. There is even a pre-existing financial tool known as a "Utah medical care savings account" that self-employed Utahns may conveniently use to pay for their portable health insurance benefits and medical expenses. Many opponents of independent contracting argue that such workers are exploited and deserve the health care and other benefits that many traditional employees receive.