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.

Tell Congress: Stop the PRO Act

WFI is working to prevent passage of the so-called Protecting the Right to Organize Act (PRO Act)—a wholesale labor reform package that takes the current careful balance of labor rules and tips it greatly in the favor of labor bosses and forced collective bargaining.

The PRO Act robs workers of the right to a secret ballot to form a union, forces union contracts on workers without a vote of approval, and expose workers’ personal contact information to union bosses seeking to organize a workplace. And that’s just the start.

Help us speak out against this woefully misguided and blatantly anti-worker legislation. Review and send the message below to your members of Congress today.

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WFI Key Vote Letter: Opposition to PRO Act

— 02.10.2020 —
Dear Speaker Pelosi and Minority Leader McCarthy: On behalf of the Workforce Fairness Institute (WFI), I am writing to share our organization’s vehement opposition to H.R. 2474, the Protecting the Right to Organize Act (PRO Act). WFI has serious concerns with the broad, overreaching nature of this legislation and the many ways in which it would undermine worker freedom and privacy, while simultaneously threatening businesses and entire industries that keep America’s economy thriving. Please note that WFI will include votes on the PRO Act and its amendments on our Congressional Labor Scorecard, which scores and ranks legislators based on their activity associated with workplace issues. WFI was established to fight for American employees and employers as well as our entire economy. We believe in worker empowerment, the right of workers to be fully informed of the options available for worker-involvement in the workplace, and the right to freely choose whether to organize or not. No individual or group – government, a union or an employer – should be able to intimidate or restrict workers’ in exercising these rights. In an attempt to boost flailing union membership at the expense of workers’ rights, the PRO Act would upend decades of established U.S. labor law and institute myriad anti-employee and anti-employer policies that have already been soundly rejected—by Congress, various federal agencies, or the courts. Among its most blatant affronts to workers’ rights, the PRO Act would eliminate the right to a secret ballot when determining whether to unionize and enforce a “card check” system, exposing workers to the potential for harassment, intimidation, and coercion. The PRO Act would also enforce binding arbitration in union negotiations by a government- appointed bureaucrat; repeal and eliminate right-to-work laws in 27 states, force workers to fund union activities regardless of whether they support them; and threaten the ability of individuals to operate as independent contractors, eliminating traditional economic and employment opportunities and threatening the independence and flexibility of the emerging gig economy. On top of all that, the PRO Act would force all workers’ personal and home contact information to be provided to a union during organizing campaigns – in an electronic, searchable format no less, with no limit on what a union can do with that information. WFI believes in advancing sensible policies that protect and preserve the rights of both employees and employers, and we welcome the opportunity to work with legislators who also support these efforts. However, the PRO Act does not achieve these goals and would instead threaten the rights of both while jeopardizing our entire economy. WFI urges members of the House to strongly oppose the PRO Act. Sincerely, Heather Greenaway Executive Director Workforce Fairness Institute See the letter here.
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