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Lee pushing measure to ensure secret ballot in work place elections

By Howard B. Owens

From a Press Release:

WASHINGTON – Congressman Chris Lee (NY-26) today called for passage of legislation he has co-sponsored that protects workers’ rights and guarantees a secret ballot in workplace elections. The lawmaker commented on the same day legislation was offered in Congress creating a “card check” system that would effectively strip workers of their right to a secret ballot when determining whether to form a union.

“When an American citizen steps into the voting booth, they are protected by the right to a secret ballot. Elections in the workplace should be held to the same sacred standard,” Congressman Lee said. “Voices from across the political spectrum have opposed this ‘card check’ legislation for one simple reason: the secret ballot and workers’ rights should always be protected.”

Appearing yesterday on CNBC, Warren Buffett stated his opposition to “card check” legislation because the right to a secret ballot is “pretty important.” Also opposing “card check” is former Democratic presidential nominee Sen. George McGovern (D-SD), who told the Capitol Hill newspaper The Hill last fall, “I believe in the secret ballot as a very important part of our democracy.”

Congressman Lee is an original co-sponsor of H.R. 1176, the Secret Ballot Protection Act of 2009, which protects the right of workers to have secret ballot elections when determining whether to form a union.

Adama Brown

This isn't quite as he's describing it. The Employee Free Choice Act (which I assume he's referring to as the other legislation) doesn't remove the option of a secret ballot, it simply requires employers to recognize a union as a legitimate bargaining representative if a majority of the employees sign a card check.

Currently, employers have the option of refusing to recognize a union without a formal election, even if every one of their employees selected yes on the card check. This makes it harder for unionization to go through, since there's more hurdles. The claim is that if employers can't force a secret ballot, that the union will pressure workers into signing the card in favor of unionization. However, historically employers are just as likely to employ pressure tactics, and with more available leverage since they control the worker's environment and paychecks.

Mar 10, 2009, 11:43pm Permalink
Howard B. Owens

I don't see how a secret ballot is one more hoop to jump through. It should be the easiest thing in the world -- a simple up or down vote by ballot, and employees are free to vote as they choose without any pressure from anybody. The union doesn't know. The employer doesn't know. Seems like basic American democracy to me.

Mar 11, 2009, 6:36am Permalink
Patrick D. Burk

It is basic Democracy except it allows companies to delay and to use tactics during the delay to discourage and intimidate workers. The Employee Free Choice Act allows employees to use the sign card method as another way to determine if the employees want a union.

It also is argued that the card signing initiative is easier to obtain because it can be done on the employees time and intiative. A secret ballot is usually impacted enough by some companies by timing and manipulation.... For example: A company may only honor a ballot, secret or otherwise, that takes place at the place of employment. That way the company can monitor who votes and who doesn't.

This is all very tricky BUT what is wrong with opting for both choices. Is one method of choice or voting any less flawed or better than the other.

Mar 11, 2009, 10:37am Permalink
Patrick D. Burk

One more thing....sorry...Companies have been known to offer bonus' and days off to workers as a way to impact the ballot as well. Union busting is a business these days. IT is too bad Howard but what is wrong with giving them a choice of how to vote???? Isn't that Democracy as well.

Mar 11, 2009, 10:39am Permalink
Howard B. Owens

If I worked in a shop that was trying to unionize, and I opposed it for my own reasons, why should have be in a position where I felt intimidated to declare my position. If I wanted to keep that matter private, shouldn't that be my right? My individual position wouldn't be the business of my co-workers, the union reps or my employers.

Once you introduce card signing or petitions, you strip the worker of that basic right to privacy.

To me, individual rights outweigh any other concerns. Individual rights must be protected.

Mar 11, 2009, 1:27pm Permalink
Gabor Deutsch

I worked in a factory that unofficially warned you before union reps came thru and hinted that if workers vote for union there will be job losses. No strong arm just a matter of factually type of comments from all higher ups.

Mar 11, 2009, 1:35pm Permalink
Andrew Erbell

It looks more likely every day the "Card Check" Bill won't come to a vote in the US Senate. Not only is Harry Reid having a hard time lining up three Republicans to get on board with this, Democrats like Ben Nelson and Tim Johnson have come out and said they wouldn't vote for it. Plus, Former South Dakota Sen. George McGovern is speaking out against it, which certainly doesn't bode well for those in favor trying to argue for it's passage.

Mar 11, 2009, 11:53pm Permalink

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