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NLRB to rule on legality of UAW method of organizing unions
By JOHN GALLAGHER, Knight Ridder Newspapers
06/09/2004
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DETROIT -- The National Labor Relations Board sent a strong signal this week what a second term for President George W. Bush in the White House might look like.

In what could be a blow to the United Auto Workers and other unions, the Republican-majority NLRB said it would decide whether to curtail a union's ability to organize workers though a simplified process known as neutrality and card-check agreements.

The case probably won't be decided until sometime in 2005, and the outcome of this November's presidential election will have a major impact. The party that occupies the White House gets to control three of the five seats on the board, which regulates union-management relations in the United States.

The current 3-to-2 GOP majority would swing back to more union-friendly Democratic control if Sen. John Kerry of Massachusetts, the presumptive Democratic nominee, wins the presidency.

''This is starting a discussion on the most important issue in American labor law of the current period, certainly in the last 10 years,'' said John Raudabaugh, a partner at the Detroit law firm of Butzel Long and a former Republican member of the NLRB from 1990 through 1993.

Under neutrality and card-check agreements, companies agree to recognize a union that has collected signature cards from a majority of workers indicating they want to join, without forcing the union to go through a traditional secret-ballot election.

The UAW has used this simplified process in recent years to organize workers in the mostly nonunion auto parts industry, winning victories at Johnson Controls Inc., Magna International, Dana Corp., Metaldyne Corp. and other companies. Unions more and more are turning to this process because victory through the standard secret-ballot election can take years to achieve because of corporate legal challenges.

But in a case brought by an anti-union group known as the National Right to Work Legal Defense Foundation, the NLRB voted late Monday along party lines to examine how soon employees can challenge a company's recognition of a union as bargaining representative when a secret-ballot vote has not been taken.

The case involves the UAW's efforts to organize a Dana plant in Upper Sandusky, Ohio, and a Metaldyne plant in St. Marys, Pa. Both companies agreed to recognize the union after card-check campaigns in 2003. Within weeks, anti-union employees, supported by the Springfield, Va.-based Right to Work foundation, filed petitions with the NLRB to kick out, or decertify, the union. Rulings at the NLRB's regional level dismissed the petitions, saying a union and a company needed reasonable time to negotiate a contract.

By taking an appeal of the case this week, the Republican majority on the NLRB board in Washington, D.C., said it was not making any judgments on the merits. But its ruling raised the stakes for unions and employers.

The majority Republicans consists of NLRB Chairman Robert Battista -- a Detroit management labor lawyer from Butzel Long who once represented the Detroit Newspapers during the newspaper strike of the mid-1990s -- and members Peter Schaumber and Ronald Meisburg.

Dissenting Democratic members Wilma Liebman and Dennis Walsh said the right to voluntary agreements between unions and managements without a secret-ballot vote of the members was settled 40 years ago. It called the majority's willingness to take the case ''unsupported -- and, indeed, highly questionable.''

UAW President Ron Gettelfinger echoed that Tuesday.

''Card-check elections are a fair and efficient procedure, recognized for decades by the National Labor Relations Board and the courts of the United States. Their use should be expanded, not curtailed,'' he said in a statement.

Raudabaugh said a decision is likely to turn on the question of how soon a decertification vote can be held once a union has won an agreement with management. In normal cases anti-union workers have to wait a year or more to try to throw out a union. The NLRB majority could rule that a decertification vote could be held immediately after a union signs a neutrality agreement with a company.

Both sides claim to represent the spirit of workplace democracy. Anti-union activists contend that neutrality agreements and card-check campaigns can be manipulated by union and management so that rank-and-file workers never get to express an opinion.

Clarice K. Atherholt, an assembler at the Dana plant in Ohio, gathered signatures for the decertification effort. The failure to hold a secret ballot on union membership, she said, was ''the most unfair, undemocratic, un-American way that I have ever heard of.''

But Stewart Acuff, head of organizing for the AFL-CIO, the nation's leading union coalition, said the NLRB's traditional secret-ballot process has been hijacked by anti-union forces. He said companies routinely stall elections, fire union organizers and threaten to close plants in advance of a vote.

''It's a shame and a disgrace,'' he said. ''Workers should not have to exercise an extraordinary level of courage to express support for a union, but that's the way it is in the United States now.''


©The Morning Journal 2009

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Reader Comments
Added: Saturday July 17, 2004 at 01:37 PM EST
Everything should be done to support all Unions in the USA and abroad. Unionization is the major way workers improve their wages and conditions of employment. Unionization in the USA has been a major way workers improved their wages, working conditions, receive health care, and receive other benefits like retirement funds.
Martha Bushnell
Added: Thursday June 17, 2004 at 02:19 PM EST
Workers should be able to organize without the coercion and intimidation that mark NLRB voting procedures. Making the decision to sign a card when requested by a fellow worker is much less intimidating than one-on-one questions about your union activity from a supervisor. I support card-check recognition of the union and employer neutrality.
Harold Schlechtweg
Added: Monday June 14, 2004 at 01:26 AM EST
Anything that promotes union organizing with a minimum of broken body parts has my support. Forty years is a powerful precedent, and unions created the middle class in America.
Toni Marshall
Added: Friday June 11, 2004 at 07:02 PM EST
I think secret ballot vote is only fair. Whether you are for or against a union matters not. Your opion should be "secret". Our " vote" is not secret if it is based on whether or not you sign a union card. Other people have knowledge of your opinion. Is that not the purpose of a vote for our privacy? The right to vote is part of our freedom in America. What would happen to this country if all votes were public knowledge?`
Arie Fulton
Added: Friday June 11, 2004 at 04:20 PM EST
the only thing "unAmerican in this process is the continuing threats, terminations, and disregard for the law, that employers engage in, with little threat of penalty. While the Union must find and talk to people outside the workplace, the employer... or usually the mercenaries they hire have free rein to demand participation in captive audience meetings, where supporters are intimidated and opponents rewarded.
In the rare case that this behavior can be documented, the only penalty is to return to the status quo.
Al Cholger
Added: Friday June 11, 2004 at 08:56 AM EST
Card-check recognition will provide the union the opportunity to sit at the negotiating table and work out a collective bargaining agreement that when finalized will be presented to the workers for them to accept or not by a secret ballot. It will eliminate what only is seen in our country amongst civilized nations - people that make a living harassing and intimidating workers.
Lorenzo Canizares
Added: Friday June 11, 2004 at 08:48 AM EST
No offense to Clarice intended, but if the NLRB secret ballot election is the "American Way" then all Americans have something to fear. Because in October and November, the Bush Administration will be allowed to force you into a cramped, crowded room, suggest that if you vote for Kerry you will lose your job, suggest terrorists will overrun the country, suggest the government will knock down your door to take your hunting/sporting guns and suggest that they will know how you voted. They may also offer your neighbor a job as a lobbyist or adminstration appointee for working against Kerry while those who support Kerry are asked to do all the fighting overseas. All while being watched by masked security guards with unknown insignia on their chests. These are just a few analogies that could be drawn between the two electoral events. Hopefully the "American Way" means something without fear and intimidation. Otherwise, did we really defeat the communists or just absorb the parts our corporate controllers liked the best?
Russell Hess
Added: Friday June 11, 2004 at 07:29 AM EST
It is a shame that basic rights of Americans are eroding daily and nothing seem to stop this freight train from steamrolling. I am sure that this country's forefathers are turning over in their graves for this country of home of the free and land of the brave has become such that we are no longer free and they force one not to be brave. America needs a change.
Leona Jackson
Added: Friday June 11, 2004 at 07:23 AM EST
In an era when employers increasingly demand higher efficientency in the workplace, card check union recognition is a valuable cost savings measure. Those employees who are anti-union have a voice in whether they stay at those employers and, should exercise their rights to quit, if they don't like it.
Robert Cramer
Added: Friday June 11, 2004 at 06:43 AM EST
At a time when wages are static or or even in decline, it makes no sense to make it evern harder for workers to gain union representation. The decline in union density in the American workforce in recent years parallels the decline in wages and benefits, and further exacerbates the divide between rich and poor. The preamble to the National Labor Relations Act declares that the United States of America encourages the right of concerted activity in recognition that only through concerted activity can workers realistically bargain with their employers on an even footing.
Gary Waters
Added: Friday June 11, 2004 at 03:43 AM EST
Card check is a type of secret ballot. By signing a card that states you wish to have union representation you are casting a vote. Just because you don't go into a polling booth doesn't make card check undemocratic or "un-American".
Teresa Harper
Added: Friday June 11, 2004 at 11:08 PM EST
Card check recognition is a long established process in the USA, and methods similiar to it are how most Western democracies resolve union drives. They are entirely FAIR, DEMOCRATIC, and AMERICAN since they are only binding if a MAJORITY votes "yes," which most Americans would do as studies have shown. Only in Bush's America would this be controversial, and this is not surprising. NLRB elections are like recent SECRET BALLOT VOTES in Florida in 2000 and soon in 2004. First, fire or purge oppositional voters on the rolls. Second, saturate the media with anti-union or anti-Dem propaganda. Third, intimidate the opposition at the ballot box. Fourth, appeal decisons to death until your case comes before a stacked bench. If we had card-check national elections, Bush would be embarrassing only himself and not our nation. If the NLRB kills card-check, American labor law would be on its way to matching Franco-era codes in Spain.
Shaun O'Connell
Added: Thursday June 10, 2004 at 10:10 PM EST
The card check is more democratic than what we have now. Elections would be fine if the rules, and the way they are actually used, weren't stacked in favor of anti-union employers. Call off the employers' forced meetings, give unions equal opportunity to present their views to workers, stop the ilegal firing of workers who are union supporters and organizers, and stop the illegal threats of moving or closing down -- then it might be reasonable to have elections as the only mechanism.

None of those things are likely to happen soon. Under current conditions, the card check is the fairest thing.

Bill Peltz
Added: Thursday June 10, 2004 at 06:36 PM EST
How naive to think that "secret ballot elections" are the best way to obtain union representation. To be able to decide without the coercion and illegal acts routinely perpetrated by employers and their union busting "consulting firms" would be real FREEDOM !
Wayne Lovett
Added: Thursday June 10, 2004 at 05:36 PM EST
This would be a GIANT step backward if Passed. Just another reason to vote Bush out of office.
James Perrin
Added: Thursday June 10, 2004 at 01:02 PM EST
I am in full agreement with the NLRB's decision to investigate "card checks", otherwise, I would not have filed decertification petitions. As stated in my comments, it is UNFAIR, UNDEMOCRATIC and DEFINATELY UN-AMERICAN. After all, don't we elect our government officials with a SECRET BALLOT VOTE???? Deciding if a union is to represent you or not should be done the same way. Now, that's FREEDOM!!
Clarice K. Atherholt

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