Controversy Still Looms Over Labor Law Legislation

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Local Owners Breakdown Bills Application toSmall Businessesby Lesley R. ChinnSupport for the Employee FreeChoice Act (EFCA) just lost someground after Senator Blanche Lincoln(D-AR) shifted her vote and recentlyannounced she would not support themeasure. Stating that it would eliminateprivate-ballot unionizing electionsif passed, Lincoln also expressed concernthat the bill would require workersto publicly declare whether theysupport a particular union by signingcards.

While Democrats need 60 votes toinvoke cloture in order to end aRepublican filibuster, the bill easilypassed in the House two years ago.Sparking controversy, the legislationcontinues to draw support and criticismfrom both sides of the aisle.Designed to amend the National LaborRelations Act, EFCA would make iteasier for employees to join or formunions or to assist in labor-relatedactivities. If the bill becomes law, itcould shift the balance of power in theworkplace and provide an additionaloption for employees who want toform unions.

A group of local ministers includingRev. James L. Demus III, Rev. LeslieSanders and Rev. Roosevelt Watkinsrecently denounced the bill arguingthat the legislation would bypass thesecret ballot election process and createan environment where employeeswould be intimidated. While the ministerssaid they are not against employeesexercising their right to formunions at work, they added they areopposed to the process of makingvotes public.

Over 140 million U.S. workers willbe stripped away [of] their rights tosubmit private ballots. You should beable to vote privately without peopleknowing who youre voting for or whoyoure voting against, Watkins said.When you vote for or against someone,you often suffer repercussions,intimidations and coercion, he added.

By votes being public, employeescould feel pressured by the process andmay feel like they will suffer the,wrath of unions when they dont fillout a card, Demus added.

Also citing opposition in a 2007 newsrelease from the House Committee onEducation and Labor, Rep. John Kline (R-MN) said, It is beyond me howone can possibly claim that a systemwhereby everyone your employer,your union organizer, and your co-workers know exactly how you voteon the issue of unionization gives anemployee free choice ...

It seems pretty clear to me that theonly way to ensure that a worker isfree to choose is to ensure that theresa private ballot, so that no one knowshow you voted. I cannot fathom howwe were about to sit there today anddebate a proposal to take away a workersdemocratic right to vote in asecret-ballot election and call itEmployee Free Choice, he said.

Critics also oppose the mandatoryarbitration of disputes involving theterms of a first contract and say that itcould lead to improper intrusion ofgovernment into private businessaffairs.

In a released statement, Senator DickDurbin (D-IL) explained the currentlaw and how the process wouldchange under the act. Responding towhether the act would eliminate thesecret ballot process, he said, TheEFCA would allow employees tofreely choose to form a union by collectingauthorized signatures of amajority of employees

This act would not take away theirright to a secret ballot; instead, itwould establish the principle thatmajority support for a union is all thatis necessary for the formation of aunion. Under current law, workersmay use the majority sign-up processonly if their employer agrees. Themajority sign-up method respects thefree choice of workers by giving themthe freedom to choose a union in asimple, peaceful way.

The Employee Free Choice Act doesnot abolish the secret ballot electionprocess; that process would still beavailable, he said. However,[secret ballot] elections would nolonger be the only way to create aunion when the employer is resistant.

Durbin said the bill would alsoaddress issues in the collective bargainingprocess so that if an employerand a union are engaged in bargainingfor their first contract and are unable toreach an agreement within 90 days,either party may refer the dispute to theFederal Mediation and ConciliationService (FMCS).

This requirement would guaranteethat the bargaining process wouldreach a conclusion in a timely manner,

he said.

Senator Roland Burris (D-IL) chimedin, stating that the option for a secretelection would still exist under the act.

Theres been some confusion withthe legislation that has caused somecritics to believe that there is a violationof a secret ballot election, whentheres not, Burris said. You stillhave an opportunity for the secret ballot.A claim that the bill eliminatesthe secret ballot process is just a misconceptionfrom the other side, hesaid.

Erikka Knuti, a spokesperson forMedia Matters, a Washington, D.C.-based non-profit media watchdogorganization said the EFCA does nottake away the secret ballot election andattributes confusion over whether thebill eliminates the process based on,skepticism regarding union organizingand activities.

Currently, the option of the secretballot rests in the hands of the employer.The Employee Free Choice Act

would put that option into the hands ofworkers. Its extremely important ingoverning this issue to make sure thatpeople both get what the current law isand the proposed changes by theEmployee Free Choice Act, she said.

For opponents who argue the bill isunconstitutional, DePaul Universityhistorian James Wolfinger disagreed.The legislation basically updates theNational Labor Relations Act enactedinto law since 1935 and addresses thecurrent process under the NLRAwhich he said tends, to get draggedout.

President Barack Obama supportedthe measure during his campaign andas a U.S. Senator. Although he did nottalk much about the issue in front ofgeneral audiences, he stated in a laborfederation meeting in April 2008 thathe would, make it the law of theland, when he became president,according to a Townhall.com report.

Demus told the Chatham BusinessAssociation (CBA) members at theirmonthly meeting on this past Tuesdayat South Central Community Services,83rd and Ellis that the EFCA, willshut a business down cold.

This particular act is being debated,talked about right now in our UnitedStates Senate even as we speak, hesaid. We dont need this particular actto come into play said.

Demus invited Gregory Baise, presidentand CEO of the Illinois Manufacturers Association (IMA), togive CBA members more details aboutwhy they shouldnt support the act.The IMA is a statewide advocacygroup representing more than 4,000manufacturing company members.Baise is also treasurer of the EconomicFreedom Alliance, formed last year toeducate the public about the need tosupport a free enterprise system.

Many of the leaders of the large tradeunions have had an agenda for the lastseveral years where they have askedour senators and congressmen to passa piece of legislation where it wouldmake it easier to organize a union inthe workplace, Baise stated.

Currently in the workplace, if theemployees wish to organize or becomepart of a union, there is a process set upby the National Labor Relations Boardthat is followed. If these individuals inthe workplace sign a cardthat setsoff a process that must be followed.The union will have an opportunity tomake its case and it is supposed to bedone in a fair and truthful manner.Then comes an election where you cango in and pull the curtain and vote yesor no to a union. Then you walk out ofthe booth and go about your business.Baise said that it is possible that anemployee could be uncomfortable inthe workplace or intimidated aboutjoining a union if it was known thatthey didnt participate in the cardcheck process. We feel very stronglyabout making decisions in the privacyof our minds and homes, he said.

Concerned about the bills passage inthe Senate, Baise said, There havebeen several Democratic Senators whohave concerns about the bill and areunlikely to support it in its currentform. At the moment, it seems like themomentum has slowed down.

Joe Caldwell, vice chairman of theCBA, said unions could force smallbusinesses like his to go out of business.If a union comes in and negotiatesa contract and there is an automaticclause that calls for an increase inwages every year and we have a downturnlike we have now, it could be thedeath man to my company because if Idont have the funds to do it, Im stillforced by contract [to comply].

While there is a good argument onboth sides, Caldwell said that thereshould be limitations in the bill in

order to help small businesses especiallywhen they hire more than 75percent of employees nationwide.

Baise encouraged business leaders totalk with their elected officials aboutthe EFCA and how it would impact

their operations.

In other CBA news, Henry B. GrayJr., District 1 EEO ContractCompliance Officer for the IllinoisDepartment of Transportation (IDOT),announced that IDOT has contractbids open for May 15. Normally,IDOT has eight contract bid periods ayear. To inquire about these and otheropportunities, interested applicants cancall the Chicago (DisadvantagedBusiness Enterprise) DBE ResourceCenter at (312) 939-1100.

The Chatham Business AssociationJuniors will host its second annualemployment preparedness workshopand job fair for youth between 16 and18. The workshop will be held onApril 18 from 9 a.m. to noon at ICETheaters, 210 W. 87th St. (87th and theDan Ryan). Registration begins at 8a.m. The workshop will teach studentsabout how to write resumes, completejob applications, appropriate dress forinterviews, customer service andpreparing for an interview. Studentsparticipating in workshops are eligibleto attend the job fair on April 25 at thesame time and location. For moreinformation, call the CBA at (773)994-5006. All Students must registerfor this event at: www.chooseyourfuture.org/calendar. Students must alsobe registered with www.youthreadychicago.org. Space is limited to 500attendees.

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