PrintPrintThe 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 would amend the state constitution to protect secret-ballot elections.
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.
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