(August 12, 2008) The California Chamber of Commerce has identified a new “job killer” bill that was amended on August 4 and eliminates the requirement for secret-ballot elections for union representation among farm employees.
AB 2386 (Núñez; D-Los Angeles) strips farm employees of their right to decide free of intimidation on that crucial subject by creating a new, unsupervised process called a “mediated election.”
The bill hurts the competitiveness of California agricultural producers by artificially increasing labor costs for California producers who must compete in a global market with lower-than-average operating costs.
Current state law requires the question of union representation for agricultural employees to be decided in a secret-ballot election supervised by the Agricultural Labor Relations Board (ALRB). AB 2386 creates a new, unsupervised “mediated election” which sidesteps that requirement by allowing a union to become the bargaining representative of a farm employer’s employees if a majority of them simply return to the ALRB via postal mail something like an absentee ballot. But under this system, the union organizers themselves may give the ballots to the employees, tell the employees what to mark on the ballots, and then collect and deliver the ballots to the ALRB.
This is simply “card check” repackaged, exposing workers to intimidation and coercion by union organizers and denying employees their right to a secret-ballot election.
Under current law, a union must demonstrate to the ALRB that it has evidence of majority support among the employees in order to be provided with a list of the agricultural employer’s workers for election purposes. AB 2386 requires employers to provide their employees’ contact information to a union that has simply filed a petition with the ALRB to force a “mediated” election with no showing of interest by the employees. Providing this contact list to unions potentially exposes those employees to unwanted solicitation by union organizers, intimidation and coercion.
Labor unions in California are experiencing a decline in membership. Bolstering their membership should occur because employees see a need for union representation, not by adulterating the election process. The CalChamber stands in support of the Agricultural Labor Relations Act and rejects attempts to undermine the secret-ballot process in California in any way. Undermining that process sends the wrong message to new or growing businesses that could create jobs for California citizens.
California Action Needed
AB 2386 is awaiting a vote by the full Senate. The CalChamber urges members to contact their senators to oppose AB 2386.
For a sample letter visit, www.calchambervotes.com
Federal Legislation
At the federal level, Congress is considering S.1041, known as the “Employee Free Choice Act.” This bill allows unions to establish representation for bargaining through a card check process instead of a secret ballot.
Card check is a procedure where an employer agrees to recognize a union once that union produces evidence that a majority of the employees have signed authorization cards. Once a majority has signed, the union is certified — no election is required.
Only a secret ballot system protects employees from both unions and employers. The current secret ballot system that is overseen by the National Labor Relations Board (NLRB) would cease to exist under this act, and as a result, the new act would open the door for an environment of employee intimidation and coercion. S.1041 undermines an employee’s democratic rights and protections of a fair and secret election to determine whether he /she really wants union representation.
In addition, this act is simply bad for business. This allows only the union to compete for votes and seems to penalize employees from reaping the benefits of employers offering them better wages and benefits.
It creates a system where unions hold all of the cards and imposes fines of up to $20,000 on businesses offering any type of increase in salary or benefits during the open-ended election period. This allows only the union to compete for votes and seems to penalize employees from reaping the benefits of employers offering them better wages and benefits.
Federal Action Needed
S. 1041 is awaiting action on the U.S. Senate floor. The CalChamber urges members to contact U.S. Senators Dianne Feinstein and Barbara Boxer and ask them to oppose S.1041.
For a sample letter visit, www.calchambervotes.com
Staff Contact: Marti Fisher