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Rob Kailey is a working schmuck with no ties or affiliations to any governmental or political organizations, save those of sympathy.

Webb of Distortion on Free Choice Act

by: Matt Singer

Mon Mar 16, 2009 at 12:45:34 PM MST


The Montana Chamber keeps it going. Repeat the misinformation often enough and people just might believe it.

The Missoulian owes its readers a correction for printing this op-ed.

Here's just a few incorrect facts and misleading statements:

They do this by taking away secret ballot elections in union campaigns and replacing it with a system called "card check."
False. Nowhere in the Employee Free Choice Act are secret ballot elections taken away. The meaningful difference is simply that majority sign-up, also known as "card check," no longer needs employer approval to be used as the mechanism for unionizing at work. Webb Brown's statement here is flat-out untrue.

Also, as I've pointed out before, under the Employee Free Choice Act, employees retain the ability to request secret ballot decertification elections if they wish to no longer be unionized.

Under this system, union organizers would be able to approach workers and ask them to sign a card saying they want a union. This form of organizing leaves employees vulnerable to labor union strong-arm tactics and peer pressure.
Highly Misleading. Under the current election system, union organizers already are able to "approach workers and ask them to sign a card saying they want a union." In fact, they already have to do that to form a union. In this situation, nothing changes. In fact, the ability of union organizers to talk to other people -- or of employees to talk to their co-workers -- is and should be a protected First Amendment right. Webb Brown is grandstanding here.
Employers would be forced to reach a deal on collective bargaining agreements within 90 days of a successful union election. If no agreement is made, government arbitrators will come and make the decisions.
This isn't actually false or misleading, it is simply hilarious how opposed to binding arbitration the Chamber is in this one instance. Binding arbitration provisions of contracts are quite common as they require people to negotiate in good faith.

As an example, a family member of mine was part of a workforce that organized and unionized under current NLRB law. They waited three years for a first union contract as management dragged their feet indefinitely. Memo to Chamber: no one goes to binding arbitration provided you're being a good employer and a good corporate citizen.

One other quick note: binding arbitration also applies to any foot dragging by the union. In other words, both sides of the table have to negotiate. This isn't a one-sided thing. So I guess this is misleading, too. My bad.

In addition, employers will be subjected to higher penalties when they speak out against the union.
Completely False. This is just a load of crap. The government can't penalize businesses for free speech. The penalties that Webb Brown is upset about are penalties for intimidating employees and firing them for being pro-union -- essentially interfering with workers' right to association. I'd love to see where penalties for giving anti-union speech exist anywhere in federal law.
Labor unions cite employer intimidation as a reason to pass card check. Employers counter that labor unions often use deceit and threats in union campaigns, not to mention the many cases of union corruption. But the truth is that under the current system of private elections, workers are protected with the secret ballot that prevents their employer and the labor union from knowing how they voted.
Both false and misleading. Whoever wrote this needs to star in the sequel to Thank You for Smoking because it is a veritable artwork of smoke and mirrors. I'm honestly impressed by the deceitfulness. The idea that intimidation of employees by management and unions is any way equivalent is incredible and without evidence. By comparison, a poll of employees who worked in workplaces that had gone through unionizing campaigns found that employees reported that management was far more likely to intimidate them than the union. In elections, for example, 46% said they were intimidated by management v. only 14% of employees saying the felt intimidated by union organizers during a majority sign-up effort.

Long story short: management intimidates workers way more than unions do.

Hint: this explains why the Chamber also opposes increasing penalties for intimidating employees during union campaigns.

Matt Singer :: Webb of Distortion on Free Choice Act
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Help Fix It, Y'all. (0.00 / 0)
Link to send a virtual LTE to the Missoulian:

http://www.missoulian.com/oped...

Or, if you're all old-school and appreciate that pen-in-hand feeling (I do!  I do!):

Missoulian Letters, P.O. Box 8029, Missoula, MT 59807.
Fax: 406-523-5294.

Don't curse.  It's hard, I know.


Not sure why we need this law (0.00 / 0)
As the majority are not interested in unions.  

http://www.rasmussenreports.co...

Unions are interested in this because they want to boost membership and this is the fastest way to do it.  

- Keeping the Left honest since 2001


Wrong. Also? Wrong. (0.00 / 0)
The Rasmussen was a push poll - when you ask people questions around the three things this teeny little (what is it, eight pages?) bill does, they overwhelmingly love it.  

It's Montanan:

1) Do you think that in addition to voting in an election that the employer completely controls, folks should get to choose to join a union by simply signing a card, much like buying a house or joining the military?

2) Do you think that there should be penalties for business who break the law by firing workers who try to organize?

3) Do you think that after an election, both the workers and the employers should set a reasonable time frame to come to the table and work on a contract that works for everyone?

This is a RESTORATION of a law that was in place when the working class of America and entrepreneurship were doing pretty damn well.

Or - I don't know - maybe you like the looks of Wall Street these days?


[ Parent ]
Then why are (0.00 / 0)
Democrats even abandoning this bill?

Why is the public against it?

And those questions are completely biased.  

- Keeping the Left honest since 2001


[ Parent ]
Then Why is This Law So Terrifying (4.00 / 1)
Even if this law passes, if people don't want unions, they don't have to join. End of story.

Rasmussen is a right-wing pollster.


[ Parent ]
It does bad things for workers. (0.00 / 0)
It encourages Union thugs.

It depresses the economy.

It discourages choice and freedom in the workplace.

It gets rid of the secret ballot.

All for a non-problem.

- Keeping the Left honest since 2001


[ Parent ]
What, we should only pass laws (4.00 / 1)
to protect majority interests? How provincial of you.

[ Parent ]
Did I say that? (0.00 / 0)
You're all for majority rule when it rules in favor of issues YOU approve of.

But when they don't, then you want to change the rules.  People aren't joining unions because they don't want to?  Oh, just change the way they're formed.  Then once the shop is Unionized, (and fight Right to Work while you're at it!) then they don't have a choice.


- Keeping the Left honest since 2001


[ Parent ]
You've got it wrong, friend. (0.00 / 0)
People aren't joining unions because they don't want to?  Oh, just change the way they're formed.  Then once the shop is Unionized, (and fight Right to Work while you're at it!) then they don't have a choice.

People are joining unions.  This legislation has nothing to do with JOINING unions.  FORMING unions, however, has declined because of the dramatic chipping away of the laws that protect workers who DO want to organize.

Disagree?  Talk to many workers in Montana alone who have been fired for trying to organize.  They're awaiting hearing before the NLRB.  

Also - once a shop is organized, it takes an 80% vote to make it a closed shop.


[ Parent ]
As long as we're posting polls... (4.00 / 1)
Here's one:
http://www.aflcio.org/joinauni...

73% of Americans support the Employee Free Choice Act, while only 21% oppose it.  Also, 78% say they favor making it easier for workers to bargain with their employers.

I can already hear "But that link goes to a union website so it must be wrong, gar gar gar!"  1) It was a commissioned poll; they want real numbers to work with.  2) I suppose I could google some more polls that show similar results, but I don't feel like it at the moment.  

p.s. 48% of Republicans support the Employee Free Choice Act too.  Looks like this won't be nearly the wedge issue the RNC and US chamber wish it was.


[ Parent ]
Because of corporate media bias (0.00 / 0)
(I know, how tin-foil hat of me) and Reagan-era bashing of unions.

People have been spoon-fed anti-union bias since the 80's...which, interestingly enough, was the beginning of the downfall of the middle-class.


[ Parent ]
Downfall of the middle class? (0.00 / 0)
Wrong again.

http://stats.org/stories/2008/...

- Keeping the Left honest since 2001


[ Parent ]
wow (0.00 / 0)
I thought I was responding to rational thought.  My mistake.

If you honestly believe that the middle class of America is doing A-OK and has not shrunk since the 1980s, I just don't know what else to tell you.  All your links in the world won't help.


[ Parent ]
Webb Brown does more harm to the Chamber than good (0.00 / 0)
He continually writes anti-labor, anti-environmental columns that defy most Montanans' wishes.

That's why I'll never join the local Chamber of Commerce -- which is too bad because there are some good people involved in the local organization.  But until Brown learns to keep his mouth shut (or laptop closed) most of the folks I know in Missoula won't touch the C of C with a ten-foot pole.    


Correct me if I'm wrong (0.00 / 0)
But I think the Chamber system is less integrated than that.

[ Parent ]
I'm not quite sure what you mean by "integrated," Matt (0.00 / 0)
The local and state organizations do share the same name: Chamber of Commerce. Also, from the local organization's website:

"As a member of the Missoula Area Chamber of Commerce- You automatically receive a membership in the U.S. Chamber of Commerce."

And correct me if I'm wrong but isn't the U.S. Chamber of Commerce the umbrella for all state and local Chambers?

Of course, I'll change my tune if the local chapter ever comes out in opposition to any of Webb Brown's opinion pieces.


[ Parent ]
Someone told me that they're independent orgs (0.00 / 0)
I didn't realize membership in the local constituted membership in the national. Hmm...

[ Parent ]
Yep (0.00 / 0)
Dues paid to your local makes you a member of the state, which makes you a member of the national.

http://www.montanachamber.com/...


[ Parent ]
gallup poll (0.00 / 0)
http://www.gallup.com/poll/116...

53% say they support laws making it easier for workers to organize.  And the majority of those polled haven't really been paying attention to the Employee Free Choice Act debate.  

This is much lower than the Hart poll the AFL commissioned, but I would note that in the Hart poll, the pollsters explained what the EFCA does and the arguments for and against it before they asked their questions.  That leads me to believe that when people know what the EFCA does, they like it in overwhelming numbers.


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