Binding Arbitration

Here’s an informative video on the second disturbing provision of the Forced Union Bill (or EFCA).

Pass H.R. 1176

The Democrats in Congress and their handlers the union bosses, want the passage of the Card Check Forced Unionism Bill, or under the misnomer, the Employee Free Choice Act, H.R. 1409. This piece of legislation contains two provisions that are disturbing and deserve to have the spotlight placed upon them.

 

1.) The EFCA removes the secret ballot and replaces it with the card check. Here is the section that provides for this:

(6) Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a).

 

Streamlining Union Certification? It’s called the destruction of the secret ballot process.

However, there’s another provision that is equally disturbing. It’s called binding arbitration. If the union and the employer cannot reach an agreement on a contract after 120 days, the government will send in an arbitrator and said arbitrator will settle the dispute. The contract is binding on both parties for 2 years.

`(h) Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection (d) shall be modified as follows:

`(1) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.

`(2) If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement.

`(3) If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (2), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.'

This is little more than an attempt to force unionism on workers and to undermine the relationship between employee and employer. The good news is that there is legislation introduced that will protect employees right to secret ballot election. The Secret Ballot Protection Act, H.R.1176 Write your Congressman, politely ask him/her to vote yes on H.R. 1176 when it comes to the House floor.

Union Coercion

I’ll grant that this is only one example of the possible coercion card check would allow, but it is a powerful one.

George McGovern: EFCA is not free choice

In today’s Opinion Journal, former Presidential nominee George S. McGovern lays the case against the EFCA and I must admit, I have to agree with him. Those old enough to remember that McGovern ran as a liberal and was absolutely demolished by Nixon in 1972. Friends, Mr. McGovern is right.

 

My perspective on the so-called Employee Free Choice Act is informed by life experience. After leaving the Senate in 1981, I spent some time running a hotel. It was an eye-opening introduction to something most business operators are all-too familiar with -- the difficulty of controlling costs and setting prices in a weak economy. Despite my trust in government, I would have been alarmed by an outsider taking control of basic management decisions that determine success or failure in a business where I had invested my life savings.

When it comes to labor disputes, both parties should be guaranteed a real chance for compromise under the joint economic threat of contract breakdowns. George Meany, president of the AFL-CIO for nearly 30 years before retiring in 1979, had it right in condemning mandatory arbitration as "an abrogation of freedom."

 

Even though he has this right, notice his one phrase “Despite my trust in government”  There’s the rub for most conservatives. We don’t trust government to do things that we can do for ourselves. Should I decide to join a union, it must be my choice and those of my co-workers, not an open-ended process that leaves too much room for coercion and for the removal of individual liberty and autonomy. The binding arbitration clause in the bill is almost as scary as the destruction of the secret ballot.

EFCA – The Truth

This, from Insideronline.org is the straight up unfiltered truth about card check. Give a listen if you have a few minutes.

NOTE: Read this from the Heritage Foundation. I’ve always believed in the sacrosanctity of the secret ballot, both in electing political leaders, AND in the workplace.

AFP – Save My Ballot Tour

Ms. Smith, over at Cavalcade of Conflictedness has this post with her video from the event. As I mentioned in the post below, the secret ballot is the most precious possession a hard working American has. The EFCA, or Card Check, will absolutely destroy the secret ballot and why? So the union bosses and their politicians can pad their coffers.

As an aside. This is a great blog. I’ve added it to my subscriptions and you should too.

EFCA or Straight from the Pits of Hell

I genuinely try to avoid overhyped political rhetoric, as it does no good for anyone, but friends I have to tell you how I feel about this one.

First, I’d like commend Chris Guy for his attempt at balance here in his post at Fred2Blue. This post is well written and has good analysis(albeit obvious).

Second, the so-called Employee Free Choice Act is a piece of legislation straight from the pits of hell. There is NO free choice about it. It is a subversive effort by union bosses and their politicians to remove the most precious possession any hard working American has. Their vote. Removing the secret ballot from the organizing process, the unions and their politicians are seeking to pad their coffers off the backs of men and women who possibly have no desire to organize their workplace.

In my very humble opinion, the EFCA is the single most dangerous piece of legislation that will come before this Congress. We need to encourage OUR politicians to reject this subversive bill.