Facts About Card Check
History
In 1935, Congress passed the National Labor Relations Act allowing unions to organize workplaces using secret ballot elections - or “other suitable methods” - to determine union representation. That included a Card-Check system, which gave union organizers the right to ask workers to sign union cards, which promoted forced signatures, harassment and violence.
By 1947, legislators had realized Card-Check’s flaws and removed it as a valid method for union certification if an employer objected. Today, with union membership at only about 12%, unions are strong supporters of Card-Check as a method to increase union membership. Card-Check now threatens to reverse the proven 70-year-old precedent by disposing of government-supervised secret voting that could compromise businesses’ and workers’ rights.
Over the past 15 years, unions have been relatively successful in receiving certification. From 1994 until 1998, the number of elections won by unions has increased from under 45% to over 60%. (Click here for pdf) Even over the past year, unions have been more successful in receiving certification from smaller employee units than from large employee units. Elections held for businesses with 1-5 employees in a bargaining unit were successful over 65% of the time. Elections held for businesses with more than 25 employees in a bargaining unit were successful 60% of the time. (Click here for pdf)
Who is Impacted and what would it Do?
Card-Check would apply to employers with more than two employees.
If passed, Card-Check would make it easier for a union to organize. Currently, unionization is initiated when 30% of employees within a bargaining unit sign authorization cards. At that time, a petition is filed by the National Labor Relations Board and, if approved, a private election is held approximately 39 days later. During the time before the election, employers have the ability to openly discuss the impact unionization would have on the workplace and, once the election approaches, employees have the freedom to cast their vote for or against a union in private. If passed, Card- Check certifies a union the moment union organizers collected 50% plus one authorization cards from employees - leaving no time for an employer to discuss the impact of unionization with the employees and stripping employees of the fundamental right to vote privately.
What is the Impact on Employers and Employees?
Card-Check can have a detrimental impact on both employers and employees. If passed, employers would be subject to mandatory arbitration, contract limits and undue fines for communicating with employees during the process of unionization or contract negotiation. Employees would be adversely impacted not only because they would lose their right to vote, but also because they would lose the personal relationship with their employer. In addition, employees would be subject to a one-size-fits-all approach to their wages, benefits, etc. and would not have the ability to negotiate the terms of their contract (lasting for 2 years) once it is determined by an arbitration panel.
The time to act is now. Union organizers are already working to gain signed authorization cards and it is the responsibility of the employer to educate employees on the impact Card-Check would have on their workplace.