Free Choice Act aims to restore workplace rights

By JOHN SWEENEY & SARA ROGERS   Monday, April 20, 2009
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Our nation stands ready to emerge from the modern-day era of the robber baron. For three decades, we’ve valued corporate profit over people and CEO pay over people’s pocketbooks. The results of this idiocy are now clear.

We have 8.5 percent unemployment and are looking squarely at 10 percent unemployment by 2010. In 1979, the wealthiest Americans controlled less than 10 percent of our nation’s wealth. They now control nearly a quarter of it. The last time we knew this kind of income disparity was before the Great Depression.

If you’re a working person in this country, you work harder than your parents did, and you’re worse off. Productivity is up 70 percent since the 1970s, but real wages are shrinking. Yet CEOs still brought home an average $10 million last year and got more perks than ever, according to www.paywatch.org.

The Employee Free Choice Act is necessary to rebuild an economy that works for everyone. Working people have lost the freedom to improve their lives through collective bargaining and unions. Employers routinely violate workers’ rights, and current law is helpless to stop them. A quarter of employers illegally fire workers who try to form unions, and half threaten to shut down if their workers choose unions, according to Cornell University research.

What’s the penalty? They have to post a sign saying they broke the law and perhaps pay the worker their lost wages. That’s it.

The failure of our system to protect workers’ collective action is a tragedy for our democracy and our economy. Union members are 52 percent more likely to have health care than people who don’t have a union, three times more likely to have pensions, and much more likely to bring home bigger paychecks. When workers have democracy on the job, we get an economy that is more equitable and sustainable. In fact, three dozen of the nation’s leading economists issued a statement supporting the Employee Free Choice Act.

Since Sen. Arlen Specter said he will not support cloture on the bill, there’s been much chatter that labor law reform is dead. Not so. Seventy-three percent of the public say they support reforming labor law, and their opinion is seconded by President Obama, Vice-President Biden and the leadership in Congress. As this bill goes into committee, the fundamental question is, “What kind of labor law reform do we need to bring balance back into the system?”

There are three basic principles that labor law reform must meet:

1) Workers need to have a real choice to form a union and bargain for a better life, free from intimidation.

2) We have to stop the endless delays in negotiating a first contract; companies can’t just stall to stop workers’ choice.

3) There have to be real penalties for violating the law.

It’s time for our nation to put working families first. Let’s restore, once and for all, people’s democratic right to build a better life through collective bargaining on the job.

John Sweeney is AFL-CIO president (www.aflcio.org). Contact him by e-mail at jsweeney@aflcio.org. Sara Rogers is Wisconsin State AFL-CIO vice president; phone (414) 771-0700; e-mail rogers@wisaflcio.org.




reader COMMENTS (11)
RetiredAirForce
Apr 21, 2009 at 2:21 a.m.
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usaret, you are correct. If everyone wanted it, they would be everywhere. IMHO there are two reasons union membership has declined. First, employers treat people better today. Second, the unions themselves; politically divisive, wasteful spending of dues, and projecting union leadership agenda above that of the member. Personal disclaimer: I have never been a member of a union. Growing up both my parents were; my views are based on my parent’s experiences, what they told me, and what I learned from other union members.

RetiredAirForce
Apr 21, 2009 at 2:13 a.m.
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Yvoncey is a professional poster. If you do a google search on the user name or posted parts of this persons post, you will find the exact same thing at hundreds of other spots on the web. Supporting this topic and government healthcare. Much like the same type of posting that went on during the election.

usaret
Apr 20, 2009 at 9:28 p.m.
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If the union is so great---why doesn't everyone want to join the union? Not every business stops its employees if that is their wish. Personnaly, I don't trust some of the Union Leadership anymore then I do some of the Business leadership. I want to make the choice and I don't need either side to know what it is unless I DECIDE to inform them.

Northman
Apr 20, 2009 at 4:55 p.m.
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Yvoncey:
You sound like you believe that everyone has a right to a job, and once they have a job, have the right to keep it for life. Sorry, but it just doesn’t work that way unless you are “lucky” enough to be born in one of the socialist countries.
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I’d be interested in learning where you work, or worked, that you perceive such universal discrimination in the workplace. If you want to use EEOC complaints to “prove” something, you are badly misguided. I have seen marginal employees who didn’t get a promotion immediately file a discrimination complaint. Never mind that they could barely do their present job, they were clearly discriminated against, even though the promotee was the same race and/or sex as they were. I’ve seen discrimination complaints get filed for any number of trivial items, and if you look closely, you’ll find a lot of complaints coming from a small pool of people.
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There is no reason to expect “power sharing” in the workplace. If you want “power”, then save, sacrifice, innovate, and start your own company. You can have all the power, along with all the risks and all the ulcers. If you are content to be an hourly employee, then start every day with a prayer that somewhere out there will be a company that values your skills and is willing to pay you a decent wage. Because it isn’t something to take for granted, nor is it your right or entitlement.

Yvoncey
Apr 20, 2009 at 3:50 p.m.
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Yvoncey at You can learn basic employee rights

The EFCA will in my opinion bring a long needed end to "At Will" employment
doctrine. Employers ability to fire for cause ,no cause,reason,no reason has
been a weapon used to hide all sorts of workplace discrimination. For example,
SuzyQ gets terminated for poor job performance. However, her job evaluations
were always excellent until she refused the manager's sexual advances.

Then began the "dirtying" of her personnel file and unsatisfactory evaluations
with vague reasons for poor ratings. Once terminated now the uphill battle to
prove discrimination, harassment or retaliation is on the employee. Since most
employees know little or nothing about basic employee rights they have no clue
how to navigate the process.

Even if she can afford legal counsel she hasn't done the things required to
help an attorney defend her workplace rights. Things like how to prove
discrimination, how to document inconsistent or disparate treatment, employer
violations of its own written policies and procedures handbook, etc.

I believe that elements of corporate America want to maintain an antiquated and
out dated system of employment to preserve the ability to discriminate against
certain groups and races. Here is the evidence to support that assertion. In
fiscal year 2007, 37.0% of all (EEOC) Equal Employment Opportunity Commission
complaints filed were race discrimination based. 30.1% were sex discrimination
based and national origin is 11.4%.

According to the language of the Free Choice Act, it will:

(1)give employees greater liberty to form unions and establish employment
contracts
(2)punish anti union employer retaliation and harassment
(3)compel employers to deal timely and honestly in negotiating contracts

Where there is no "At Will" employers will be compiled to honor the letter of
fair and equitable treatment if not the spirit. The Employee Free Choice Act by
design creates a true partnership between employer and employee.

I believe the Employee Free Choice Act will create a true power-sharing
environment by reason of collective bargaining agreements that amount to
employment contracts for most workers in all industries. In my opinion, the
EFCA would foster trust, accountability and respect from both sides.

piznat
Apr 20, 2009 at 3:17 p.m.
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Everyone has the freedom to improve their lives. If you are unhappy about your job or career, educate yourself for new carer. People choose to ignore opportunity because of the risk. People that take a risk have an greater opportunity of becoming successful and happy if they choose. It is all about choice, but not about "employee free choice act"

pharm
Apr 20, 2009 at 1:12 p.m.
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When 30% of the workers sign a card asking for a union, they can demand a secret ballot, that will not change under EFCA. The problem comes in when the companies stall any kind of negotiating a timetable for a vote and begin one-on-one meetings, group meetings, with employees and pressure, outright lie to them, about what could happen if they unionize. The EFCA does not take away the secret ballot if the employees want it.

Northman
Apr 20, 2009 at 1:04 p.m.
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Quite an opinion piece here. There is a lot of emotion and no logical arguments. It all comes down to, 1) CEOs make too much money, 2) management is evil, therefore 3) everybody should be in a union. Oh, surprise, the author is the president of the AFL-CIO!
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There’s nothing wrong with unions and collective bargaining if that’s what the majority of the workers want. There’s plenty wrong when you can get the arm-breakers coming in to influence the votes. “Oh, you want to vote ‘No’ for the union – we know where you live.”
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If you want to avoid intimidation from any source, preserving the secret vote is vital. Management can’t punish the folks who vote for the union, and the mob can’t come after the folks who vote against. Unions are struggling for existence not because of corporate greed, but because of their own. Unions are demanding the “Employee Free Choice Act” to ensure employees have anything but.

darwin1
Apr 20, 2009 at 12:38 p.m.
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Union intimidation? Union history is a history of corporations killing and intimidating union members. Union intimidation of employers is a myth perpetuated by those who have never worked in a union and resent the benefits union workers receive.

pharm
Apr 20, 2009 at 11:52 a.m.
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Check out the NLRB website, intimidation is basically a management tool. Only a few hundred cases of union intimidation versus thousands upon thousands of corporate cases in their files. Sure it happens, but not to the magnitude of management abuse. At this point I would be happy if they could go back to de-certifying a union by secret ballot instead of doing it by card check like it is now. What`s good for de-certifying should be the same as certifying a union.

usaret
Apr 20, 2009 at 10:42 a.m.
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Intimidation comes from both sides!
Which is worse depends on whose side your on.
With all the increases the Union states, then that means all the prices of the products sold have to go up to offset the increases in wages, health care, etc., so, where is the gain for anybody? Oh, yes, go in for higher wages, more health care, etc..
I'm all for free choice but I want it to be my decision and if I disagree that's my choice and neither side has the right to threaten or intimidate me on my choice. Oh, and please tell don't try to tell me the union's do not use intimidation, that that is a tactic employed by the business only.

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