NLRB Sanctions Card Check, Small Businesses Will Not Back Down

Katie Gage
December 13, 2010

We were reminded this week why elections matter. Despite sending a message to both the executive and legislative branches a month ago in the midterm elections, voters are still feeling the consequences of the actions of government as members of the National Labor Relations Board (NLRB) – who are nominated by the President and confirmed by the Senate – acted against their interests.

The message sent by voters of less government intervention and no “payback[s]” to special interests was completely rejected by these unelected bureaucrats. With its decision in the matter concerning the Dana Corporation, the NLRB decided in favor of Big Labor and against workers and small businesses by sanctioning card check in American workplaces.

In an affront to both legislators and the American people who oppose the Employee ‘Forced’ Choice Act (EFCA) which does away with the secret ballot and institutes card check, the members of the NLRB eliminated a core democratic right by allowing coercion and intimidation in places of work.

The matter before the NLRB had to do with Dana Corporation receiving what’s commonly called a “sweetheart contract” by the United Auto Workers (UAW) and as a result, a card check system was created that robbed Dana’s employees of their right to a secret ballot election. Instead, half of Dana Corporation’s employees lost both their voice and vote concerning whether their workplace should have been represented by a collective-bargaining unit.

Outraged Dana Corporation employees brought unfair labor practice complaints against their employer and the UAW. The NLRB, a group of presidential appointees accountable to no one, reviewed the matter and decided the outcome in favor of Big Labor.

Since President Obama has effectively stacked the NLRB with union boss benefactors, the result was not a big surprise when they decided to uphold the UAW’s scheme to deny workers their basic rights.

The practical result of the NLRB’s decision is that it introduces card check into more workplaces and disenfranchises more workers in the hope this somehow sets the table for something more significant down the road, which will affect even more businesses.

But the National Labor Relations Board and Obama Administration continue to underestimate workers and small businesses if they believe America’s job creators will simply let this un-American action stand. Instead, employees and employers will begin to work to shine a light on the NLRB and its actions, and those who currently serve on the agency and where their interests lie.
In addition, the small business community will engage Congress as they have the ability to pass resolutions undoing the imprudent and reckless actions carried out by administrative bodies like the NLRB.

And while Americans won the first battle in this great endeavor to maintain basic rights like being able to vote free from intimidation and coercion and having a say in contract negotiations, much work remains.

Just as we took on the union bosses on EFCA legislation and won, small businesses will confront Big Labor’s attempts to use faceless, nameless bureaucrats willing to do their bidding, and achieve the same result.

And those elected officials on the wrong side of the electorate should expect voters to be well informed with regard to who stands with them and who supports bailouts to special interests espousing job-killing policies.

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AZ Daily Sun--Coconino Voices: PRO Act legislation would hurt local businesses

— 05.13.2021 —
By: Julie Pastrik Arizona businesses and workers have had an incredibly challenging year given the economic slowdown that followed in the wake of the coronavirus pandemic. However, local businesses and industries across the state are resilient and on the road to a strong recovery that will mean more jobs for Arizona workers and increased economic development to strengthen our communities. That is, as long as Congress does not move forward with potentially devastating legislation that would hurt local employers and employees alike while impeding our state’s economic recovery. Unfortunately, some members of Congress seem determined to do just that by pushing through the Protecting the Right to Organize (PRO) Act. As harmless as the name may sound, the PRO Act would have serious repercussions for local businesses, particularly smaller ones, while undermining long-standing rights for employees and threatening the growing gig economy that has helped provide much-needed income for so many during this time. Arizona is fortunate to have leaders like Senators Mark Kelly and Kyrsten Sinema, who have both refrained from joining the vast majority of their Democratic colleagues in cosponsoring the PRO Act. In a slap in the face to Arizona workers, the PRO Act removes one of the most fundamental rights a worker has when it comes to voting in elections to determine whether to unionize: the secret ballot. Instead, workers could be forced to sign union authorization cards in front of other employees, their employer, or union organizers. This bill would also destroy workers’ right to privacy by allowing unions access to personal information, including their home address and personal phone number. If that doesn’t open the door to union intimidation and harassment, I don’t know what does. As if that was not bad enough, the PRO Act would create major new challenges for Arizona businesses, making it harder for them to create jobs, expand in their communities, and even keep their doors open. It would redefine what it means to be a “joint employer” under national labor law, greatly complicating existing relationships between franchisors and franchisees as well as between business owners, contractors, subcontractors, and vendors and suppliers. At the same time, it would interfere with attorney-client confidentiality and make it much more difficult for small businesses to secure a legal advice on labor issues. Particularly harmful during these times, the PRO Act would apply a failed policy from California to national labor law by using the “ABC” test to determine whether a worker is an independent contractor or employee. This makes it much harder to qualify as an independent contractor, threatening the freedom and flexibility that tens of thousands of Arizonans find in independent contracting and gig economy work. Ultimately, the PRO Act is bad public policy that only works for union leaders to inflate their falling ranks while threatening workers’ rights, undermining small businesses, and jeopardizing a growing part of our economy. This is not a good solution for Arizona, and Senators Sinema and Kelly should stay firm and not cosponsor this misguided legislation.
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