Published: October 06, 2008 09:54 am            

Chamber takes position against union legislation

By TESA CULLI

tesa.culli@register-news.com

MT. VERNON — The Jefferson County Chamber of Commerce has issued an official position of opposition for federal legislation which affects employees and businesses and attempts at unionization.

H.R. 800, known as the Employee Free Choice Act, would allow union certification without a secret ballot election.

“Essentially, if a union representative comes to someone’s door and says they would like the employee to sign a card that they would like the union to come into the business, that counts as a vote,” Chamber Executive Director Floyd Brookman said. “The way it is now, the employee can sign the card and if the union gets enough cards signed, a secret ballot vote is allowed. ... We think that signing the card in front of the union representative may intimidate some employees into signing and that the secret ballot process should continue.”

The official position notification, is part of a grassroots effort by the U.S. Chamber of commerce to counter a $400 million effort by trade unions to pass the legislation in early 2009, according to information from the chamber.

“This legislation, which is often referred to as the card check bill, will give unions the right to achieve recognition when a majority of workers sign cards authorizing it,” JCCC President Curt Mowrer stated in the official opposition letter. “This card check process may expose the employee to coercion and intimidation. Currently, employees can determine if they wish to be represented by a particular union through an employee secret ballot election overseen by the National Labor Relations Board. This well established process protects the interests of unions, employers and employees. Secret ballot elections have been recognized as the preferred method for determining whether a union has majority support.”

Mowrer said the card check process “excludes the employer’s opportunity to provide employees with information that may be unfavorable to the unions. This limitation on the employer’s lawful responsibility may negatively impact the opportunity for employees to receive information on which to base their decision.”

The bill also has provisions which would allow for the Federal Mediation and Conciliation Service to be a part of an initial agreement and would allow either party to notify the service and request mediation. If mediation were to fail, the issue would be referred to binding arbitration. According to Mowrer, at this time mediation is available when the dispute threatens a “substantial interruption” of commerce and binding arbitration is not in the current law for the public sector.

Another issue included in the bill is new and increased penalties for some unfair labor practices.

“The [Labor Relations Board] will be permitted to award an employee back pay and two times that amount as liquidated damages if the employer is found guilty,” Mowrer stated. “Civil penalties will also be imposed for certain and repeated unfair labor practices. The employer would be subject to a civil penalty not to exceed $20,000 for each violation. The exact amount would be determined by the Board. Currently, the Board orders the employer to cease and desist from such misconduct. Penalties have been increased on employers and not on union officials.”

The bill has been introduced twice by Representatives George Miller, D-Calif., and by Senator Edward M. Kennedy, D-Mass. The act recently passed in the House and has been sent to the Senate. The House voted on the bill with 241 ayes, 185 nays and 8 present/not voting. For Illinois representatives, all Democrats voted for the legislation and all Republicans voted against the legislation.

        

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