There's a lot of fright in the air about the Obama administration being pro-labor. The wing nuts are worried about the Employee Free Choice Act passing, which they claim will destroy the democratic right of employees to secretly elect to form a union.
Bullshit.
Work is not a democracy. You need free speech to have a democracy, and employees don't have it at work. Case in point, here's a helpful anti-labor article on "Protecting your company's e-mail from union organizing"
From the anti-union article:
What can employers prohibit union organizers from doing?
Consider the following scenario: Union organizers enlist an employee to e-mail organizing materials to his coworkers using the employer's e-mail system. With the touch of a button, every employee receives the solicitation.
The company has a rule that its e-mail system can be used only for business purposes. But its employees have sent e-mails containing jokes, betting pools, solicitations for gifts to pregnant coworkers, birthday greetings, and personal announcements. And the list goes on.
As labor and employment lawyers, we know employers can ban union solicitation during employees' working time, distribution of union literature in working areas, and solicitation and distribution of union-organizing materials by outsiders on the organization's premises. But if the business allows other kinds of solicitations (except minor charitable requests), then it can't bar similar union-organizing activities.
The article goes on to note:
"the NLRB has heard oral arguments in a similar case and intends to create rules governing the use of employers' e-mail systems for union organizing."
For those of you new to the internet and email, its a pretty mature technology. Email dates to the early 1960's, and in the late 80's was predominant in business. Business was able to make use of their intranets and email in the 90's to connect remote offices and offshore jobs, leading to the loss of upper middle class jobs to countries with lower standards of living.
Isn't it nice to hear that the NLRB intends to create rules on using email? I wouldn't hold your breath though. In the meantime, if you even want to discuss the possibility of organizing with your co-worker in the next state, you better drive over there to meet with him in a break area. Use email and you will be fired, and though it might be ruled illegal after a few years in the NLRB, your employer won't have to pay a fine other than any lost wages.
The lack of penalties for firing union supporters makes it smart to fire first and ask questions later. It's also the reason behind the Employee Free Choice Act, which adds penalties for illegal terminations. However, the EFCA doesn't make any determination on where the virtual workplace ends and the virtual break area begins. It also doesn't allow any employees with supervisory responsibility to organize, something that managers in government jobs are free to do.
The Employee Free Choice Act is a start to some much needed labor reform for America. Let's hope the Senate gets to it.