(July 29, 2009) The California Chamber of Commerce is strongly opposing discussed compromise on federal “card check” legislation changing how workers organize unions.
The proposed compromise would limit employers’ communications with their employees and have government arbitration dictate the terms of the contract.
This union-sponsored legislation, known as the Employee Free Choice Act, is intended to increase employee costs on employers struggling to cope with a historical economic recession. Moreover, California is a likely battleground that will result in putting the state at a competitive disadvantage with other states at a time when the state can least afford it.
The “card check” provision abolishes employees’ right to private ballot elections during union organizing drives by permitting selection of a union if a majority of workers simply sign a card.
Less Communication Time
The “compromise” proposes an expedited union election schedule to replace the “card check” provision.
Elections typically are conducted six to eight weeks after the union files a petition with the National Labor Relations Board. Both the employer and the union use the pre-election period to inform the employees about the pros and cons of unionization.
Evolving reports on the expedited schedule proposed to replace the current process suggest it may allow as few as five or up to 10 days, significantly cutting the pre-election time, thereby reducing the ability of employers to notify workers of issues associated with union membership.
The CalChamber is pointing out that the ability for employers to communicate directly with their employees is crucial to an informed decision. Anything that interferes with that—whether it is a direct prohibition or a virtual prohibition by reducing the time for an election—would be harmful to employees and unfair and costly to the business.
Government Interference
Current law enables the employer and the union to negotiate an agreement without government interference or intrusion into the process.
The Employee Free Choice Act authorizes an arbitrator from the Federal Mediation and Conciliation Service to force a settlement if management and the newly certified union at a given work site aren’t able to come to terms after 90 days of bargaining and 30 days of mediation.
It would dictate all terms of a contract, from wages to work schedules to vacation time to health benefits. Decisions would be final, not subject to appeal.
Since California is more likely to be a target for unionizing than many other states, the arbitration provision would greatly increase costs to employers, placing California companies at a competitive disadvantage with non-unionized employers in other states. It also inappropriately lets government interfere in employer/employee relationships.
The short deadline provides an incentive for union negotiators to delay the process to get the matter into arbitration and eliminates any incentive to negotiate in good faith.
In addition, the bill imposes a civil penalty of up to $20,000 for each willful or repetitive violation by the company.
Action Needed
The CalChamber is urging employers to contact U.S. Senator Dianne Feinstein and ask her to oppose the discussed compromise on federal “card check” legislation that would limit employers’ communications with their employees and have government arbitration dictate the terms of the contract.
More information and a sample letter are available at www.calchambervotes.com.
Staff Contact: Marti Fisher