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**THE "CARD CHECK" ISSUE:**

***The End of Secret Ballots in America?***

*February 2007*

**[Democrat Proposal]{.underline}**: On February 5, 2007, Democrat
George Miller of California introduced the Employee Free Choice Act
(H.R. 800), which, among other things, would allow the National Labor
Relations Board (NLRB) to certify a union [without]{.underline}
conducting a requested secret-ballot election. More specifically, the
bill would amend the National Labor Relations Act (NLRA) to require the
NLRB to certify a union [without]{.underline} requiring a secret-ballot
election when a majority of the bargaining unit employees have signed
authorizations ("card checks") designating the union and there is no
other union currently recognized as the exclusive representative of any
of the employees in the unit. In other words, unions will be able to
pressure private-sector employees to "vote" in favor of their being
represented by the unions without having to move to an election where
employees can cast their votes in private.

A full committee mark-up of H.R. 800 has been scheduled for Wednesday,
February 14^th^, with House floor action expected in late February or
early March.

**[Recent Legislative Action]{.underline}**: H.R. 800 is identical to
H.R. 1696 and S. 842 (Senator Ted Kennedy's bill) from the 109^th^
Congress, neither of which saw legislation action. Rep. Charlie Norwood
introduced the Secret Ballot Protection Act (H.R. 874) in the 109^th^
Congress, which would [require]{.underline} a secret ballot election for
union authorization. The Norwood bill also saw no legislative action.

**[Background]{.underline}**: The NLRA gives private-sector workers the
right to join or form a labor union and to bargain collectively over
wages, hours, and other working conditions. The "card check" issue
involves whether to change the procedures under which workers choose to
join, or not to join, a union.

Under current law, the NLRB conducts a secret ballot election for union
representation when a union, employer, or employees file a petition
requesting one, if at least 30% of employees have signed a petition or
union authorization cards. The NLRA does not *require* secret ballot
elections.

In general, as the Congressional Research Service reports, unionization
campaign rules differ for employees, union organizers, and employers
(though some exceptions do apply). During work hours, employees can
campaign for union support from their coworkers in both work and
non-work areas. If an employer does not allow the distribution of
literature in work areas, employees can only distribute union literature
in non-work areas. If an employer allows the distribution of other kinds
of literature in work areas, employees may also distribute union
literature in those areas.

In general, union organizers cannot conduct a campaign on company
property (unless the worksite is hard to access or the company allows
other nonemployees to solicit on company property). Organizers may meet
with employees and distribute literature on union property and in
non-work areas on employer property. Union organizers may also contact
employees at home by phone, mail or in person.

Employers may campaign on company property and may require employees to
attend meetings during work hours to give the employer position on
unionization (but not in the 24-hour period before an election).
Employers and supervisors can give employees written information and
hold individual meetings with employees.

Rep. Norwood's office cites a recent Zogby poll in which 63% of union
workers expressed their belief that stronger laws are needed to protect
the secret ballot election process. Employers have also cited coercive
tactics from unions (threats of boycotts, etc.) to stop requests for
secret ballots.

For additional background on the card check issue, see this webpage:
<http://www.congress.gov/erp/rl/pdf/RL32930.pdf>.

**[Possible Conservative Concerns]{.underline}**: Some conservatives
might be concerned that card-check-only "elections" might put undue
pressure on employees to agree to union representation, even when they
really do not want it. Even though it is illegal for an employer or a
union to threaten or coerce any employee to sign a union authorization
card, peer pressure in non-secret elections can be powerful. Only
government-supervised secret-ballot elections provide the privacy and
security needed for employees to vote honestly.

In addition, some conservatives may be concerned that union leaders are
using the card check legislation to silence the individual voices of
workers. For example, UNITE HERE's Bruce Raynor, said, "There's no
reason to subject the workers to an election."

[http://townhall.com/columnists/MattKibbe/2007/01/12/big_labor%E2%80%99s_card_check_is_bad_news_for_workers](http://townhall.com/columnists/MattKibbe/2007/01/12/big_labor’s_card_check_is_bad_news_for_workers)

**[Administration Position]{.underline}**: U.S. Secretary of Labor
Elaine Chao issued the following statement last week: "A worker's right
to a secret ballot election is an intrinsic right in our democracy that
should not be legislated away at the behest of special interest groups."

**[Outside Group Opposition]{.underline}**: Card-check-only legislation
is being [opposed]{.underline} by a wide variety of conservative and
business organizations, including, but not limited to:

+-----------------------------------------------------------------------+
| -   American Hospital Association                                     |
+-----------------------------------------------------------------------+
| -   American Hotel and Lodging Association                            |
+-----------------------------------------------------------------------+
| -   Associated Builders & Contractors                                 |
+-----------------------------------------------------------------------+
| -   Associated General Contractors                                    |
|                                                                       |
| -   Independent Electrical Contractors                                |
+-----------------------------------------------------------------------+
| -   International Council of Shopping Centers                         |
+-----------------------------------------------------------------------+
| -   International Foodservice Distributors Association                |
+-----------------------------------------------------------------------+
| -   International Franchise Association                               |
+-----------------------------------------------------------------------+
| -   National Association of Manufacturers                             |
+-----------------------------------------------------------------------+
| -   National Restaurant Association                                   |
+-----------------------------------------------------------------------+
| -   National Retail Federation                                        |
+-----------------------------------------------------------------------+
| -   Printing Industries of America                                    |
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| -   U.S. Chamber of Commerce                                          |
+-----------------------------------------------------------------------+

Additionally, the Heritage Foundation released a paper strongly opposing
the notion of card check "elections," described as undemocratic:
<http://www.heritage.org/Research/Labor/wm1255.cfm>.

**[Outside Group Support]{.underline}**: Card check legislation is being
[supported]{.underline} by a wide variety of liberal and labor
organizations, including, but not limited to:

-   ACORN

-   AFL-CIO

-   AFSCME

-   Americans for Democratic Action

-   Center for American Progress

-   Center for America's Future

-   Council on American-Islamic Relations

-   Democratic Leadership Council

-   Democratic National Committee

-   Earth Action Network

-   Human Rights Watch

-   NAACP

-   Sierra Club

-   United Students Against Sweatshops

-   Unitarian Universalist Association of Congregations -- Washington,
    D.C., office

-   UNITE HERE!

<http://www.aflcio.org/joinaunion/voiceatwork/efca/allies.cfm>

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718