|Posted on Sunday, January 16, 2011 - 05:37 pm: ||
To create a union, who would organize, oversee, and certify such a secret ballot to all parties' satisfaction? The company? The proposed union organizers?
|Posted on Sunday, January 16, 2011 - 05:51 pm: ||
The secret ballot system seems to be working just fine as it is, or are you saying that there is currently no voting process to unionize a company?
|Posted on Sunday, January 16, 2011 - 06:02 pm: ||
"To create a union, who would organize, oversee, and certify such a secret ballot to all parties' satisfaction? The company? The proposed union organizers?"
|Posted on Sunday, January 16, 2011 - 06:08 pm: ||
The "Civil" bunch would prefer the Politboro to oversee the "open" union elections.
|Posted on Sunday, January 16, 2011 - 06:09 pm: ||
As I understand it, under current practice, the first step to union formation is the card check. If the employer voluntarily accepts the card check results then the union is formed. If they do not accept the card check results, then the NLRB oversees a secret ballot that binds the employer to the results.
The new proposed federal legislation does away with the second, secret ballot step, hence businesses opposition to it.
Someone please correct me if I'm wrong.
|Posted on Sunday, January 16, 2011 - 06:16 pm: ||
The NLRB exists as a mediator between labor and business. By putting them in charge of overseeing a secret ballot on union creation (and preventing them from divulging any info to the company about such a ballot), you put the NLRB at odds with business.
The card check is like a declaration of independence. The NLRB doesn't initiate the card check, they just validate it and certify the new union, all without taking sides in the situation.
|Posted on Sunday, January 16, 2011 - 09:36 pm: ||
If this is the normal process, it would appear that the NLRB is acting like the UN in overseeing the election and making sure that all is on the up and up. Card Check, in and of itself is more susceptible to tampering.
The formal vote with the NRLB's oversight would at least provide SOME oversight to the process and some guarantees that voter intimidation was at least minimized.
Many would vote yes for card check and no for official balloting particularly if there were concerns that their vote might be held against them.
My guess is that many Card Check votes resulted in union defeat once the official ballots were cast.
|Posted on Sunday, January 16, 2011 - 10:09 pm: ||
Actually . . a good deal of the foregoing is inaccurate.
The FIRST step, of course, is the Form 502 . . the petition. This is the first step in both Certifying a union and De-certifying a union. Be mindful workers have the unfettered right to do both.
Take a look at the form HERE
The heart of the matter, pretty much the "belong or not belong" that we are discussing . . has it's genesis in the early paragraphs of The Act:
RIGHTS OF EMPLOYEES
Sec. 7. [§ 157.] Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3) [section 158(a)(3) of this title].
Most folks miss the portion that the NLRA not only asserts the right to choose to organize. . . it, quite vocally, asserts the right to NOT organize. Read it carefully.
Fun stuff . . . I haven't studied it since 1977 and at that time I was really into the thick of Labor Law and Legislation. It's a very interesting topic and it has a fascinating history.
|Posted on Sunday, January 16, 2011 - 10:33 pm: ||
From the petition instructions:
The filing of a petition seeking certification or decertification of a union
should be accompanied by a sufficient showing of interest to support such a
petition—i.e., a showing that 30% or more of the employees in the bargaining
unit seek to be represented by the union or seek to decertify the currently
recognized union. If the original showing is not sent to the Region with the
filing of the petition, a party must deliver the original showing of interest to
the Region within 48 hours after the filing of the petition, but in no event later
than the last day on which a petition may be timely filed.
This is the card check, no? It must accompany the petition.