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View Diary: On the introduction of the Employee Free Choice Act (72 comments)

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  •  Again (0+ / 0-)

    the secret ballot is not intrinsically undemocratic like you're making it out to be. The secret ballot is intrinsically democratic, but certain circumstances may undermine that and that's what we need to change. Card check is intrinsically undemocratic because it violates a basic principle of democracy and how the majority will gets decided: by each individual with no pressure from any external source. Once individuals make decisions based on pressure, they are not expressing their own will, they are expressing someone else's will.

    •  There is no perfect, pure system (0+ / 0-)

      of expressing preference without any pressure whatsoever.  We're talking about human institutions here.  The standard shouldn't, IMHO, be, "Is majority-signup perfect?" but, (a) "Is it less compromised than secret-ballot elections in the context of a group of workers deciding to organize a union?" and (b) "Who should make the decision about the most appropriate and democratic process in a particular instance?"

      I think majority-signup exposes workers to much less pressure than the Board election system, primarily because the employer's status as the employer makes their "opinion" a corrupting influence on the vote.  And, in any case, right now it's perfectly legal for a union to become a legal representative of the employees without a vote -- it's just that the employer decides whether that's appropriate.  I think the workers are the ones who should make that call, and that's what the Employee Free Choice Act does -- lets the workers themselves decide which process to use.

      As to how they make that choice, the NLRA gives the Board broad powers in making rules to execute the law, and the Employee Free Choice Act directs that:


      (7) The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include--

                 `(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and

                 `(B) procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.'

      There's a standard form for filing for any kind of election with the Board -- you check a box on the form to indicate whether it's a representation election filed by the Union, or a decertification election, or a unit clarification petition (e.g., the employer creates a new classification of jobs and the union thinks they belong in an extant bargaining unit), or whatever.  I think the Board will just add a new box to that form, called "Majority Certification" or something.  Check that, and they'll do the majority-signup card check.  Check the RU box (I think that's the right one!), and they'll set up an election like they've always done.

      "Run, comrade, the old world is behind you!" -- Situationist graffito, 1968

      by Pesto on Sat Mar 14, 2009 at 07:03:05 AM PDT

      [ Parent ]

      •  No system is perfect (0+ / 0-)

        I couldn't agree with you more. So let's stop trying to make a system better? The secret ballot is inherently the least pressure, circumstances may alter that but let's change the circumstances while still going with the method that provides least pressure

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