The changed political landscape affords the labor movement opportunities to change laws that make us weaker. These opportunities afford right-wing politicians and management consultants new opportunities to couch their attacks on workers’ collective rights to organize in terms of “democracy.” We have to counter this rhetoric before it becomes standard Newspeak.
First up, Maryland’s House Republican leader Anthony O’Donnell attacking a bill for agency fee for state employee unions: “Forcing people to fund a service that they don’t desire to have is patently undemocratic.” To Mr. O’Donnell, I say, I don’t support the war in Iraq – or indeed any military spending – as a “service.” Am I free, in the name of democracy, to evade my taxes? Employees who are covered by a collective bargaining agreement benefit from the wages, benefits and protections that the union has won, and have available to them a grievance machinery in which the union is required to expend resources to represent all employees. A union is a democratic organization – a government – that all the employees in the bargaining unit belong to, and can take part in. Free riders who don’t pay their dues are benefitting from representation without taxation, a costly drain on union finances that holds us back from further organizing.
Next up, Dick Cheney, announcing the President’s intention to veto the Employee Free Choice Act, declared, “It’s important for everyone in the debate to remember that secret ballots protect workers from intimidation and ensure the integrity of the process.” It’s hard to know where to begin with this one. A comment on the Bush administrations track record on the sanctity of the ballot? How about the administration’s suspension of collective bargaining rights for Homeland Security employees? Or maybe the Bush-appointed NLRB’s decision to suspend union authorization elections for up to eight million workers who have neither the authority not compensation of management as exempt “supervisors.” No, let’s skip the ad hominems and debate the words. Where does intimidation arise in the organizing process? Is it from co-workers appealing to each other’s sense of solidarity to join together, or is it the reign of terror that management typically launches in anticipation of an NLRB election? As our friends at CEPR have pointed out, one in five union activists can expect to be fired during an organizing campaign. The remainder can have their jobs threatened, face “predictions” of plant closure or layoffs and generally have their lives made miserable while waiting for an election. Most of these actions – particularly terminations – are illegal, but the enforcement is so lax and the penalties so slight (a wrongfully terminated employee can expect, on average, $2000 in back pay from the employer) that most employers view the costs as well worth it to keep a union out.
Most unions file for authorization with 60 to 70 percent voting yes by signing union cards. The NLRB conducts a superfluous second election that provides management with a window of opportunity to conduct a reign of terror against its employees. Our oh-so-democratic proponents of the secret ballot while likely claim that this campaign merely provides “the other side” a chance to introduce new facts into the “debate.” The truth is the only new “fact” that management introduces into a union election campaign is the fact that a worker who supports the union is in danger of losing his or her job. It is precisely this kind of intimidation that the Employee Free Choice act will put an end to by allowing employees to vote just once to form a union, in an atmosphere free of intimidation.