Posts tagged Secret Ballot
NEW UNIONS, NEW TENSIONS: THE COMPLEXITIES OF UNION DECERTIFICATION
August 15, 2023 // Whether these early decertification attempts will gain momentum or fizzle out remains to be seen. Many of the petitions, especially those filed by Starbucks partners, could be blocked by the NLRB due to the high number of ULPs filed by the SBWU union. However, the petitions have generated a lot of publicity indicative of a stirring debate on relevance within newly organized workplaces where little progress has been made in collective bargaining. For now, the prominent backlash from major unions signals they are gearing up to defend their turf aggressively. But if more workers come forward, this could suggest deeper divisions emerging that unions must address.
New Flyer Employee Slams CWA Union with Federal Charges, Claims Union Lied to Employees to Attain “Majority Status”
August 10, 2023 // Mabrey’s charges explain that CWA union officials gained power in his workplace through a process called “card check,” which bypasses the NLRB’s standard secret ballot election process for installing a union. Under card check, employees are denied the right to vote in private on whether they want the union in the workplace, and union officials can instead claim majority status by demanding union authorization cards directly from workers. The card check scheme’s lack of privacy exposes workers to a variety of coercive behaviors from union officials who are seeking to collect cards from a majority of employees in a work unit. Workers often report being told signing the card only requests “more information” about the union or serves some other purpose, even though the card will be equivalent to a “vote” in favor of union representation. Workers have also experienced threats and unwanted home visits during card check campaigns.
On the Matter of Card Check, the Losers Are the Workers
July 31, 2023 // Neutrality agreements and the card check process they enable deprive employees of information necessary for making informed decisions about unionization and worse, it opens the door to intimidation by taking away workers’ right to a secret ballot in union organizing elections. Neutrality agreements often require employers to accept a process called card check, which replaces NLRB-supervised secret ballot elections. Card check is an open petition process which leaves employees vulnerable to organizing campaigns that are rife with coercion and deception. Card check can fail to reflect employees' true wishes, undermining the democratic principles on which fair representation should be built. Examples of problems with card check include employees being told to sign a card simply to say they attended a union meeting or to get a free t-shirt. Worse, the study documented testimony from a February 8, 2007 U.S. House of Representatives Committee hearing which detailed that the United Auto Workers had “union employees from other facilities actually visit … employees at their homes. The union’s organizers refuse to take ‘no’ for an answer. ... Some employees have had 5 or more harassing visits from these union organizers.”
Seattle Mariners Retail Employees Vote Out UFCW Union, Defeat Union Boss Attempt to Block Election Using “Card Check”
July 27, 2023 // Over the objection of UFCW union officials, the NLRB Regional Director in May ordered a union decertification election at the request of the Seattle Mariners’ retail employees. Union bosses subsequently filed a Request for Review at the NLRB in Washington, D.C., seeking to halt the election. They argued that a so-called “voluntary recognition bar” should be imposed to block the Mariners’ employees from exercising their right to vote on the union’s removal. However, the NLRB denied the union’s Request for Review on July 25. After NLRB Region 19 certifies the 50-9 vote result, the Seattle Mariners’ retail employees will finally be free from the unwanted UFCW union. The retail workers were able to challenge union officials’ card check drive thanks to the Election Protection Rule (EPR), a reform to the election rules enacted by the NLRB in 2020 following Foundation advocacy. While union officials pre-EPR were able to manipulate the so-called “voluntary recognition bar” to block employees from voting out a union for at least a year after an employer recognized a union’s supposed card check victory, the EPR granted employees a 45-day window in which to petition for a secret ballot election to challenge the card check result.
Op-ed: Time to protect worker autonomy
July 21, 2023 //
Workers at Georgia school bus manufacturer Blue Bird begin voting to form a union
July 10, 2023 // Organized labor represents an even smaller portion of Georgia workers, with only 4.4% of workers unionized. That’s the eighth-lowest union rate in the country, which is part of a belt of southern and western states where workers and employers have long resisted unionization. Union organizers at Blue Bird have filed formal complaints with the National Labor Relations Board, alleging that the company’s anti-union campaign exceeded legal limits and unduly threatened and harassed employees.
PRO Act Debate Dominates Senate HELP Markup
June 27, 2023 // “One piece of legislation under consideration today is the Protecting the Right to Organize (PRO) Act. It is not pro-worker. The PRO Act is not pro-worker, it is just pro-big union. Being pro-worker means defending the rights of all workers, including those who decide they don’t want to join a union,” Ranking Member Senator Bill Cassidy said in his opening remarks. “It eliminates secret ballot elections for unionization, the gold standard to keep somebody from being put into a corner and intimidated until they vote the way the intimidator wishes them to vote. Secret ballot elections also protect workers from retaliation if they choose a different way.” Senate HELP Republicans offered amendments to the bill, but their recommendations were rejected by the Committee Chair and chief sponsor of the bill, Senator Bernie Sanders (I-VT). The bill passed out of committee and no date has been set for a full Senate vote. This markup comes in the wake of 33 Senate Republicans urging the Biden administration to withdraw Julie Su’s nomination to helm the Labor Department. Su would oversee the enforcement of the PRO Act and other labor policies if she is confirmed.
BACKGROUNDER: Employee Rights Act
June 26, 2023 // Sponsored by Rick Allen (R-GA) The Employee Rights Act of 2025 safeguards and strengthens the rights of American workers. It guarantees workers’ right to a secret ballot election, ensures they can work directly with their employer if they opt-out of union membership, protects worker privacy, allows workers to choose to fund union politics or not, provides legal clarity for small business owners and independent contractors, and guarantees fair representation for all American workers.
In Advance of Senate HELP Markup, AFP Leads Coalition Urging Senators to Reject PRO Act
June 21, 2023 // Instead of supporting these bills that prioritize top-down government mandates and the preferences of union leadership over the needs of America’s workers, we call on lawmakers to defend and expand choice and flexibility for workers so that they are best able to address the challenges of and maximize opportunities in the 21st century economy. We strongly urge you to reject the Protecting the Right to Organize Act, the Healthy Families Act, and the Paycheck Fairness Act, and we look forward to working with you to pursue a path forward that puts workers, not special interests, first.