It's no secret: Democracy thrives with secret ballot elections

Sun Sentinel Editorial Board
March 1, 2009
You can see why Big Labor is salivating at the prospects for passing the "Employee Free Choice Act," a bill that could do away with a hallmark of American democracy, secret ballot elections to certify unions.

For decades, Big Labor has seen its ranks diminish, and with it, its political power and its economic strength, both in bargaining and in raising money from dues. Now, with a Democrat in the White House and congressional Democratic majorities, unions have their eyes fixed on passing this legislation.

Currently, unions must get at least 30 percent of eligible workers to sign a card supporting a union before a vote is taken on unionization. If that's accomplished, then both labor and management make their pitches and workers decide via a secret ballot vote. That is the way it works, and it should stay that way.

The deceptively-named "Employee Free Choice Act" would allow a union to claim certification if a simple majority of workers signs the card — thus dispensing with the secret vote.

Doing so would open the door for a lot of coercion and intimidation, in the workplace, in homes. Theoretically, a union could gain certification without every employee, or management, knowing about it.

The legislation's backers insist it's needed to counter pressure and bullying from management. But Big Labor would be better off prodding the new administration to enforce existing law and bolster agencies that were created to support employee rights.

Beyond that, the card-check bill has another major flaw. It would empower federal arbitrators to impose a two-year contract on an employer and union after just two months if the two sides are unable to come to an agreement. Either party could end up stuck with a deal they don't want.

This legislation is so problematic, even former Democratic presidential nominee George McGovern, a lifelong labor advocate, opposes it.

The key battle over these provisions will be in the Senate. While Republican Sen. Mel Martinez opposes the legislation, Democratic Sen. Bill Nelson has previously backed it. Nelson is predicting a long debate on this issue and possible amendments or changes before a final Senate vote.

Let's hope wisdom prevails and these two provisions are derailed. If not, in the best interests of his state, Nelson should withdraw his support.

http://www.sun-sentinel.com/news/opinion/sfl-editafcardcheckpnmar01,0,4696084.story