Battle lines drawn over secret ballot for union votes

RALEIGH - Perhaps as early as this summer, Congress will be deciding a major collective bargaining issue in America.

The issue involves how decisions will be made on whether employees can form a union at a business. The bill before Congress, called the Employee Free Choice Act, would require companies to recognize a union if a majority of the employees in a unionization effort signed cards authorizing the union.

Currently, businesses have the option of requiring a secret-ballot election on whether to have a union. If the Employee Free Choice Act passes, a secret-ballot election would still be an option. But it would be the labor union, not the business, that has the power to exercise that option.

The battle lines are drawn between business and labor, with both sides accusing their opponents of putting out misinformation on the issue and saying that the other intimidates employees during union organizational efforts.

"Time and time again, companies have chosen to break the law and will pull out all the stops to intimidate and illegally fire workers during organizational campaigns around the traditional union election process," said MaryBe McMillan, secretary-treasurer of the North Carolina State AFL-CIO.

"Our current ballot system was put in to protect employees who were harassed by union folks who could get to them outside the workplace," said Lew Ebert, president and CEO of the North Carolina Chamber of Commerce.

At a rally in downtown Raleigh this past week, organizers compared the union election secret ballot to the secret ballot process used when voters choose their political leaders. Organizers placed a mock voting booth and asked people attending, including U.S. Sen. Richard Burr, to go behind the voting booth curtain and cast their ballot.

Supporters of the bill say that the union secret ballot should not be compared with the process used for electing political officials, such as president.

"There is a real power imbalance when you have your employer who pays your paycheck clearly indicating how they want you to vote," McMillan said.

Ebert counters that with what opponents of the bill call a "card check" system, it would be difficult to monitor. And, Ebert said, there would still be a secret ballot process in place if an effort was under way to decertify a union.

"There's a little inconsistency there," Ebert said.

Both supporters and opponents of the measure bring in today's economic conditions in support of their efforts.

"A state like North Carolina, which I think is the least unionized state in America, it really gives us a competitive advantage," Ebert said. He said making it easier for unions to organize would put the United States at a competitive disadvantage in a global economy.

McMillan said unions would be a plus for workers during a recession.

"Workers are struggling," McMillan said. "That's why unions are more important than ever."

While the issue of secret ballot versus union authorization card has become the focal point in the debate over the proposed new law, both McMillan and Ebert point out that there are two other aspects that are important although attracting less attention.

One would require arbitration between management and unions if the two sides aren't able to reach a bargaining agreement. The other would increase penalties for unfair labor practices.

"Right now the penalties aren't stiff enough to deter companies from breaking the law," McMillan said.

Ebert said the proposed increase in penalties is one-sided. "It only ... (increases) penalties on the employer," Ebert said. "There's no union penalty provision."

Unions are hoping that a more solidly Democratic Congress, combined with a Democratic president, will look more favorably toward their efforts. U.S. Sen. Kay Hagan has indicated that she supports the bill.

Ebert said a coalition of about 50 businesses, local governments, hospital associations and other groups is working hard to persuade the North Carolina congressional delegation to oppose the legislation.

"Every vote is critical," Ebert said. "It's going to be a close vote, more than likely."