By Francis B. Allgood
fallgood@gsabusiness.com
Published Jan. 19, 2009
The S.C. General Assembly is taking steps to send a message in opposition to the federal Employee Free Choice Act.
A joint resolution sponsored by 24 representatives has been introduced in the Statehouse that would amend the state constitution to protect secret-ballot elections.
Under current labor law, the National Labor Relations Board certifies a union by secret ballot if 30% of employees sign statements asking for union representation. Under the proposed act, a secret-ballot election would not be needed if a majority signs union cards.
HR 3305 is currently in the House Judiciary Committee. Amendments to the constitution must be voted on by the citizens of South Carolina at the next general election.
The ballot would read: “Must Section I, Article II of the constitution of this state be amended so as to provide that the guarantee of the right to vote by secret ballot applies in required designations or authorizations for employee representation?”
“It sends a strong message to their federal representatives that this is what the state feels — that they do not support the elimination of the secret ballot vote,” said Michael Carrouth, a labor lawyer with Fisher & Phillips LLP in Columbia.
But that might be all it will be — a message. Should the act be passed, the federal law typically trumps the state law when it comes to labor law.
“It’s tough to avoid pre-emption, but that’s possible,” Carrouth said, adding that the Palmetto State is one of several attempting to craft a bill that’s strong enough to stand up against the act. “Some of the groups that are helping the states evaluate this believe they can defend against a preemption attack.”
Within the union debate, union officials say supervisors threaten workers in meetings leading up to an election. In 2008, President-elect Barack Obama said he supports the act. Obama’s nominee for labor secretary, Rep. Hilda Solis, D-Calif., co-sponsored the original bill.
Despite fewer elections nationwide, Carrouth said 2007 data show unions won 60% of elections. He said companies can currently use signed cards to validate a union but have the choice to ask for an election.
Among the 24 supporters are Lowcountry Reps. Jim Merrill of Charleston, Annette Young and Jenny Horne of Summerville, and Joseph Daning of Goose Creek.
Employee Free Choice Now . Org
Educating The World on The EFCA.
Myth vs. Reality: The REALITY is the Employee Free Choice Act Helps American Workers and their Families.
Despite the need for reform, critics of EFCA continue to misinform the public about the bill and hide the serious shortcomings of current labor law. Democrats are committed to setting the record straight and passing this important legislation on behalf of American workers and their families.
MYTH: EFCA will prevent the use of secret-ballot elections.
REALITY: EFCA does not strip workers of their right to choose a secret-ballot election to decide whether to select -- or not to select -- a union representative. EFCA simply gives workers the additional option of selecting a union representative by majority sign-up.
Organizing For America begins with the passing of the Employee Free Choice Act.
The Employee Free Choice Act is nothing new it only reestablishes the Joy Silk Doctrine of 1949
History
In 1949, the NLRB's Joy Silk Doctrine established that "an employer could lawfully refuse to bargain with a union claiming representative status through possession of authorization cards only if he had a 'good faith doubt' as to the union's majority status.This policy was changed in 1966 with the ruling in Aaron Brothers, where "the Board made it clear that it had shifted the burden to the General Counsel to show bad faith and that an employer 'will not be held to have violated his bargaining obligation... simply because he refuses to rely upon cards. 'If passed, the proposed Employee Free Choice Act would return the NLRB policy to the Joy Silk Doctrine and allow employer challenges to card check elections only when illegal coercion or fraud is charged.
In 1969, Chief Justice Earl Warren delivered the majority opinion for the U.S. Supreme Court that upheld the use of card check. Warren stated, "Almost from the inception of the Act, then, it was recognized that a union did not have to be certified as the winner of a Board election to invoke a bargaining obligation; it could establish majority status by other means... by showing convincing support, for instance, by a union-called strike or strike vote, or, as here, by possession of cards signed by a majority of the employees authorizing the union to represent them for collective bargaining purposes." The Supreme Court has consistently ruled in favor of card check, and Warren cited prior affirmations in NLRB v. Bradford Dyeing Assn., (1940); Franks Bros. Co. v. NLRB,[(1944); United Mine Workers v. Arkansas Flooring Co., (1956).
For More Information on EFCA please visit our website and blog
http://www.employeefreechoiceactnow.org
http://efcanow.blogspot.com/
http://www.LaborUnionResources.Org
The unions will help keep the factories out and make everything cost more with their inflated wages.
Unions have a way of distancing themselves from their responsibilities when they see companies leave the areas in order to survive the competion of companies that have moved off shore to avoid the union wages and demands. They use the explanation that we have a contract in place and cannot deviate from this signed agreement (example the auto industry and the ILA labor in Charleston)They would rather see the companies fail or relocate rather than look at the present situation which can be very different from what it was at the time the contract was originally negotiated (example Maersk leaving Charleston). Let's wake up and re-negotiate the contracts and live to fight another day.
Dan
Labor unions are just money grabbing greedy people who use the labor of workers to line thier own pockets. Unions are BAD for companys and BAD for workers. So says I.
Yes