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Employee Free Choice Act and Republican
Disinformation
Written
by Stephen Crockett, co-host of
Democratic Talk Radio
Republicans opposing the
passage of the Employee Free Choice Act are lying up a storm to swing
public opinion against the proposed law. Their primary attack claim is
that the bill denies workers a free, fair election by secret ballot.
Unfortunately, there is nothing free or fair about the current system
of voting on unionization. The law is tilted heavily in favor of
company power and against the workers.
I have been involved in an
unsuccessful attempt to unionize a business. I saw disturbing examples
of intimidation and unfair tactics that the Employee Free Choice Act
would have prevented.
Companies are able to hold
“captive audience meetings” to argue against unionization. They are
legally able to include certain workers and exclude others. Attendance
is mandatory for some and prohibited to others. They are held on
company time.
Workers trying to unionize
are not able to meet on company property without permission of the
company. Strong union supporters are usually excluded from “captive
audience meetings” so the company position is the only one heard by
the workers forced to attend. Sometimes illegal threats or statements
are issued at these meetings when the company feels certain that
workers attending them will not report them to the federal government.
The burden of proof by law
regarding illegal tactics by companies in complaints filed with the
National Labor Relations Board definitely tilts toward the company.
Most companies fail to see violations of labor laws by anti-union
“so-called worker committees” (often comprised of quasi-management
employees) while pro-union workers are threatened frequently with
being fired if suspected of engaging in pro-union activities. The
anti-union “so-called worker committees” can operate on company time
(which is illegal) without much fear. While most companies will deny
knowing about such activity, it seems likely that these companies
often secretly organize these anti-union “so-called worker committees”
and direct their operations. In almost every case, the company has
complete knowledge of their activities.
Supervisors will often
threaten employees when no witnesses are present. Threatened workers
are often afraid of reporting the threats or do not know the procedure
for reporting them. These threats are illegal but very difficult to
prove. The company can fire pro-union workers during the election
process to intimidate other workers even if the federal government or
courts eventually get their jobs back. In the meantime, the union vote
will often go against unionization out of fear.
The company will sometimes
threaten to close the business or move it if the workers vote for a
union. This is illegal but it does happen. It is very difficult to
prove. Illegal activity by the company is difficult to prove in part
because many companies make rules against bringing recording devices
or cameras into the work area. This also makes it difficult to
document unsafe working conditions. Workers can lose their jobs trying
to document violations of labor or safety laws by the company.
Union organizers and union
officials do not have access to company property during the election
cycle to discuss the benefits of unionization. They are not supplied
with phone numbers of employees although the companies do have that
information.
If you distribute any
union materials including union pledge cards on company property
during working hours, you can and usually will be fired. Pro-union
workers are often warned about this even when they are not actively
involved in the distribution of pledge cards or materials just to
intimidate them from speaking up for unionization.
The current union election
system is not fair or free. It is much like the “free elections” held
in Communist countries or other dictatorships. The Republicans and
their large corporate masters are being completely dishonest in the
way they frame the issue and describe the current situation.
Republicans falsely claim
that workers are intimidated into signing union pledge cards. This is
so rare as to be almost non-existent. The intimidation is almost
entirely on the side of the companies. Companies are in a position of
power over workers. Co-workers are simply not in a similar power
situation. Only the company is really in the kind of power position to
intimidate workers.
Criminal behavior
influencing union votes is almost always on the side of the company.
The Employee Free Choice Act is designed to stop this criminal
behavior and all intimidation of workers. The legislation says that if
a majority of workers sign pledge cards in favor of unionizing the
union will be automatically recognized by law. It is majority rule. It
eliminates the opportunity for the company to block the majority
desire for unionization by using illegal tactics and intimidation.
A vote against the
Employee Free Choice Act is a vote in favor of the current rigged
system. It is a vote in favor of company intimidation and illegal
company behavior. It is a vote against the workers.
Democrats overwhelmingly
support the Employee Free Choice Act. In the House vote, only 2
Democrats voted against the legislation. 13 Republicans voted for the
Employee Free Choice Act. The final vote was 241 in favor and 185
against.
Some Senate Republicans
may attempt to block a vote on this legislation. If they do, every
working American should vote against them. If any Democrat joins them,
they should be defeated at the next election. Workers should contact
their Senators immediately and let them know their vote on this
legislation will determine your vote in the next election.
It has been reported that
Cheney has pledged that Bush will veto the Employee Free Choice Act.
This is the best reason I can think of for voting Democratic in the
2008 Presidential Election if Bush vetoes this pro-worker legislation.
The Employee Free Choice
Act is a vote for worker rights. A vote against it is a vote against
worker rights no matter how the Republicans spin it.
Written by Stephen
Crockett (co-host of Democratic Talk Radio
http://www.DemocraticTalkRadio.com ).
Mail: P.O. Box 283, Earleville, Maryland
21919. Phone: 443-907-2367. Email:
midsouthcm@aol.com .
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