The Democrats haven’t been able to push this through yet… as this article confirms.
Yet the article says the Feds are threatening to sue states for moving to enact laws that would conflict with it.
Perhaps the question is really “What would card-check do that isn’t already in place according to the NLRB?”.
If you have ever worked for a company or known someone working for a company that is going through a organization election with the NLRB then you can understand the difference. I have seen this 4 times through friends in different areas.
I have seen 100% of the employees sign cards requesting union repersentation. In the time between signing the cards and the election the company will do everything possable, some against the law, to get the employees to vote non union.
It will start with filling appeals calling for no election or delaying the election. In this time the employeer will have meetings with the employees where the truth has nothing to do with what really happens when a company goes union. The strong pro union employees may get fired on some strange charge, but if the union is doing their job the employee gets reinstated with back pay. But this can cause some employees to fear for their jobs. The company will promice if they vote against the union better pay and working conditions. The company will keep the pressure on the employees trying to break their resolve in the time between the filling for an election and the election. And with a good labor lawyer the company can delay the election for a long period of time. Several years ago there was a case where the company stalled the election for 2 years. (sorry I can not provide a site it just made head lines in the union paper)
Also in that delay time the company can add pressure to the strong pro union workers in the work enviorment to the point that they find new jobs. And they make sure that their replacement employees are anti union. Also in the delay time the company can organize where the group of employees are added to a larger group that tend not to stand up for their rights.
With the “Card check” system if enough employees sign pledge cards then there is no need of an election. I am not sure of the percentage required but I would hope it is higher than 51%.
So if 51% of workers aign a card, boom! There is a union, which can force 100% of the workers to join?
I don’t know much about this – can that be the desired outcome?
I dunno about that forcing 100% to join part. My employer has a union, which I can’t join due to being in management. Membership is entirely optional for non-management employees. The benefit of membership appears to be mainly having union dues deducted from your paycheck…otherwise non-union employees are bound by the collective bargaining agreement, and entitled to all of the protections therein–except possibly union assistance with bringing a grievance.
Card check isn’t the thing unions are (or should be ) fighting for anymore. Rather, they are fighting for employer neutrality in election campaigns.
In a open shop the union is required to represent employees in bringing a grievance. That is one of the reasons unions do not like open or agency shops, same work load less dues collected. Some of the advantages of being union you can negotiate working conditions, pay levels, benifits, and hours. (I can give examples but lets keep this short). What my dues cost me per year I make up for each month compaired to the non union jobs in my area. Also with some unions job education is provided to the members.
same as with an election 51% vote union then their is a union. The unnion then has to repersent 100% of the non management employees in the group. But the only time 100% of the non management employees have to join the union is if the union can negotiate it in the contract.
That is the way things work in most free countries. Example if 51% of the people vote that the speed limit is 55 MPH then it is against the law to go 60. If 51% of the people vote union then …
The desired outcome is if the majority of the employees want a union then they can have a union.
That is a campain that they have been loosing for years.
Sorry… but I’m not getting it.
What are the states trying to do that the Fed is warning them not to?
… and how would card check make the Fed position even stronger than they think it already is to be issuing this warning to the states?
The states are trying to pass a law that would override a Fed regulation.
You sure about that? You sure someone didn’t just tell you that they think 100% of the employees signed cards?
No it was where my brother worked and the all signed cards. When I worked for Equity I believe it was only about 80% signed cards.
How do you know what percentage of the employees signed cards?
If everyone that works there sighs the cards and you collect them and give them to the business agent then it is simple take the total number of cards in your hand devide that by the number of employees if it comes out to 1 then it is 100%
The article answers your question:
Employers now have the option of choosing to recognize a union if a majority sign cards. “Card check” legislation would force them to do so. The amendments by the various states eliminate the option of the employers choosing to recognize a union after 50%+ sign cards. It is in conflict with federal law, and thus unconstitional.
I know this is outside of the GQ that was asked, but simple card check isn’t that perfect of a system either. I personally was lied to by a union rep. She said that if I signed the card it didn’t mean I was joining the union. It just meant that they were seeing how much interest there was in having them negotiate for us. She also lied about a number of other things which this obviously isn’t the place to get into. My point is that it isn’t nearly as cut and dried as you are making it appear.
The only time I’ve worked in a “union shop” was when I was teaching in a junior college in California in the late 1980s. I told them I didn’t want to join, and they said, fine. It’s optional.
Then my first paycheck arrived with union dues deducted. I went to the payroll office to straighten things out, and I was told that while joining the union was optional, paying the dues was not. And as a dues-paying non-member, I got no benefits of union membership.
Basically the opposite of your experience.
Well, that’s true enough. So did you collect the cards yourself and look to see if all employees signed the card?
From what you have posted you were not working in a “union shop” but an “agency shop”. No you did get benifits as a non-member. Your pay rate and working conditions were set by the contract. If you filed a grevience the union would have to represent you.
No my brother did.