In the final weeks before the presidential election, a not-so-new issue that could dramatically change unionization laws after January is emerging. The Employee Free Choice Act has been in the background, but on the minds of some in those in the travel industry, as representing one of Barack Obama's and John McCain's major differences.
The Act would alter the National Labor Relations Act in terms of how a labor union can be created, so it has been watched closely by many unions, laborers and employers alike. Currently, if employees want to create a union, a majority must sign union cards voting in favor of it, then send those cards to the National Labor Relations Board to schedule a secret ballot election for the employees to vote; if a majority is in favor, the employer must then begin contract negotiations. Another way of doing this is to get the employer to approve the union, circumnavigating the NLRB. If the Employee Free Choice Act is passed, it will amend those stipulations to allow the employees to approve the union if a majority of workers sign the cards; essentially granting government approval of the union without having to set up a secret ballot though the NLRB or seeking employer approval.
John McCain, who voted against the bill, argues that since it allows employees to use a check-card system to vote for a union, it eliminates their right to a secret ballot. Those agreeing with McCain, including the American Hotel and Lodging Association, said that since the bill eliminates the step of having a secret ballot approved by the NLRB, it will make it much easier for a workforce of any size to form a union and if an employer and union could not agree within 120 days, the government is given authority to step in (a stipulation within the bill).
McCain briefly referenced the bill while on the campaign trail in Virginia this week. "Senator Obama is measuring the drapes and planning with Speaker Pelosi to raise taxes, increase spending, take away your right to a vote by secret ballot in labor elections and concede defeat in Iraq," said McCain.
During The Beat Live, political journalist and former Democratic staffer David Sirota, a supporter of the bill, noted that it does not eliminate the secret ballot. Rather, it allows employees to approve their own union. Sirota was doubtful the bill would pass because the Senate is divided on the issue. The bill was approved by the House 241-185, but stagnated in the Senate.
"I guess for all of you [audience members] I would say that there is going to be fear-mongering on both sides of Employee Free Choice Act and I am not fully confident that we are at that precipice of it getting close enough to pass," he said. "What this bill says is that if 50 percent plus one of workers sign a card, the workers can certify their own union. It actually just says both employers and/or employees can certify [the union] under what is called card check."
Sirota said the reason for the creation of the bill is to alleviate bullying by employers to prevent the formation of unions and to speed up the approval process because the NLRB is "inefficient" and "slow."