Card check
Encyclopedia
Card check is a method for American
employees to organize into a labor union
in which a majority of employees in a bargaining unit
sign authorization forms, or "cards," stating they wish to be represented by the union. Since the National Labor Relations Act
(NLRA) became law in 1935, majority sign-up has been an alternative to the National Labor Relations Board
's (NLRB) election process. Majority sign-up and election are both overseen by the National Labor Relations Board. The difference is that with card sign-up, employees sign authorization cards stating they want a union, the cards are submitted to the NLRB and if more than 50% of the employees submitted cards, the NLRB requires the employer to recognize the union. The NLRA election process is an additional step with the NLRB conducting a secret ballot election after authorization cards are submitted. In both cases the employer never sees the authorization cards or any information that would disclose how individual employees voted.
is a sign-up then an election process. In that, a petition or an authorization card with the signatures of at least 30% of the employees requesting a union is submitted to the National Labor Relations Board
(NLRB), who then verifies and orders a secret ballot election. Two exceptions exist. If over 50% of the employees sign an authorization card requesting a union, the employer can voluntarily choose to waive the secret ballot election process and just recognize the union. The other exception is a last resort, which allows the NLRB to order an employer to recognize a union if over 50% have signed cards if the employer has engaged in unfair labor practices that make a fair election unlikely.
Under the proposed Employee Free Choice Act
(EFCA), if the NLRB verifies that over 50% of the employees signed authorization cards, the secret ballot election is bypassed and a union is automatically formed. Introduced in the U.S. Congress in 2005 and reintroduced in 2007 and 2009, the EFCA provides that the NLRB would recognize the union's role as the official bargaining representative if a majority of employees have authorized that representation via majority sign-up (card check), without requiring a secret ballot election. Under The EFCA, if over 30% and fewer than 50% of employees sign a petition or authorization cards, the NLRB would still order a secret ballot
election for union representation.
was passed, it has been legal for workers to form a union when a majority of employees in a bargaining unit sign cards indicating their intent to bargain collectively with the employer. According to a recent law review article, the National Labor Relations Board
in its early days "certified on the record when there had been an agreement with the employer for card-check." It adds that "in the final year before the Taft-Hartley Act
was passed [in 1947], 646 representation petitions were informally resolved through the card-check procedure."
In 1969, Chief Justice Earl Warren
delivered the majority opinion for the U.S. Supreme Court that upheld the use of majority sign-up (card check). Warren stated, "Almost from the inception of the Act
, then, it was recognized that a union did not have to be certified as the winner of a Board election to invoke a bargaining obligation; it could establish majority status by other means... by showing convincing support, for instance, by a union-called strike or strike vote, or, as here, by possession of cards signed by a majority of the employees authorizing the union to represent them for collective bargaining purposes." NLRB v. Gissel Packing Co., (1969). The Supreme Court has consistently ruled in favor of majority sign-up (card check), and Warren cited prior affirmations in NLRB v. Bradford Dyeing Assn., (1940); Franks Bros. Co. v. NLRB, (1944); United Mine Workers v. Arkansas Flooring Co., (1956).
(D-Calif.), former chairman of the U.S. House Committee on Education and Labor, described the limitations of the system of NLRB elections:
Barack Obama
supports the bill. An original co-sponsor of the Employee Free Choice Act, then-Sen. Obama urged his colleagues to pass the bill during a 2007 motion to proceed:
The AFL-CIO
states the following in arguing that the company-controlled secret ballots actually make the process less democratic:
The National Restaurant Association lists three points in opposition to card check on its website.
Representative John Kline
, R-Minn., in explaining his opposition to the EFCA:
Forbes commentator Brett Joshpe states his opposition to card check as such:
According to a 2004 Zogby survey conducted for the Michigan-based, free market Mackinac Center for Public Policy
, when asked if they wished to keep the current voting process or replace it with one "less private," 78% of union members support keeping the current secret ballot system.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
employees to organize into a labor union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
in which a majority of employees in a bargaining unit
Bargaining unit
A bargaining unit in labor relations is a group of employees with a clear and identifiable community of interests who are represented by a single labor union in collective bargaining and other dealings with management. Examples would be "non-management professors"; "law enforcement professionals";...
sign authorization forms, or "cards," stating they wish to be represented by the union. Since the National Labor Relations Act
National Labor Relations Act
The National Labor Relations Act or Wagner Act , is a 1935 United States federal law that limits the means with which employers may react to workers in the private sector who create labor unions , engage in collective bargaining, and take part in strikes and other forms of concerted activity in...
(NLRA) became law in 1935, majority sign-up has been an alternative to the National Labor Relations Board
National Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
's (NLRB) election process. Majority sign-up and election are both overseen by the National Labor Relations Board. The difference is that with card sign-up, employees sign authorization cards stating they want a union, the cards are submitted to the NLRB and if more than 50% of the employees submitted cards, the NLRB requires the employer to recognize the union. The NLRA election process is an additional step with the NLRB conducting a secret ballot election after authorization cards are submitted. In both cases the employer never sees the authorization cards or any information that would disclose how individual employees voted.
Current and proposed law
The current method for workers to form a union in a particular workplace in the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
is a sign-up then an election process. In that, a petition or an authorization card with the signatures of at least 30% of the employees requesting a union is submitted to the National Labor Relations Board
National Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
(NLRB), who then verifies and orders a secret ballot election. Two exceptions exist. If over 50% of the employees sign an authorization card requesting a union, the employer can voluntarily choose to waive the secret ballot election process and just recognize the union. The other exception is a last resort, which allows the NLRB to order an employer to recognize a union if over 50% have signed cards if the employer has engaged in unfair labor practices that make a fair election unlikely.
Under the proposed Employee Free Choice Act
Employee Free Choice Act
The Employee Free Choice Act was a legislative bill that was introduced into both chambers of the U.S. Congress on March 10, 2009. The bill's purpose was to,...
(EFCA), if the NLRB verifies that over 50% of the employees signed authorization cards, the secret ballot election is bypassed and a union is automatically formed. Introduced in the U.S. Congress in 2005 and reintroduced in 2007 and 2009, the EFCA provides that the NLRB would recognize the union's role as the official bargaining representative if a majority of employees have authorized that representation via majority sign-up (card check), without requiring a secret ballot election. Under The EFCA, if over 30% and fewer than 50% of employees sign a petition or authorization cards, the NLRB would still order a secret ballot
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...
election for union representation.
History
Card check is not new. Since the National Labor Relations ActNational Labor Relations Act
The National Labor Relations Act or Wagner Act , is a 1935 United States federal law that limits the means with which employers may react to workers in the private sector who create labor unions , engage in collective bargaining, and take part in strikes and other forms of concerted activity in...
was passed, it has been legal for workers to form a union when a majority of employees in a bargaining unit sign cards indicating their intent to bargain collectively with the employer. According to a recent law review article, the National Labor Relations Board
National Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
in its early days "certified on the record when there had been an agreement with the employer for card-check." It adds that "in the final year before the Taft-Hartley Act
Taft-Hartley Act
The Labor–Management Relations Act is a United States federal law that monitors the activities and power of labor unions. The act, still effective, was sponsored by Senator Robert Taft and Representative Fred A. Hartley, Jr. and became law by overriding U.S. President Harry S...
was passed [in 1947], 646 representation petitions were informally resolved through the card-check procedure."
In 1969, Chief Justice Earl Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
delivered the majority opinion for the U.S. Supreme Court that upheld the use of majority sign-up (card check). Warren stated, "Almost from the inception of the Act
National Labor Relations Act
The National Labor Relations Act or Wagner Act , is a 1935 United States federal law that limits the means with which employers may react to workers in the private sector who create labor unions , engage in collective bargaining, and take part in strikes and other forms of concerted activity in...
, then, it was recognized that a union did not have to be certified as the winner of a Board election to invoke a bargaining obligation; it could establish majority status by other means... by showing convincing support, for instance, by a union-called strike or strike vote, or, as here, by possession of cards signed by a majority of the employees authorizing the union to represent them for collective bargaining purposes." NLRB v. Gissel Packing Co., (1969). The Supreme Court has consistently ruled in favor of majority sign-up (card check), and Warren cited prior affirmations in NLRB v. Bradford Dyeing Assn., (1940); Franks Bros. Co. v. NLRB, (1944); United Mine Workers v. Arkansas Flooring Co., (1956).
Support
Supporters of card check argue that it makes it easier for workers to join unions. For example, in his remarks accompanying the introduction of the Employee Free Choice Act, Rep. George MillerGeorge Miller
- Arts :*George Miller , Australian film and television screenwriter, film director, and producer*George T. Miller , Australian film and television director and producer*George Bures Miller , Canadian artist...
(D-Calif.), former chairman of the U.S. House Committee on Education and Labor, described the limitations of the system of NLRB elections:
Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
supports the bill. An original co-sponsor of the Employee Free Choice Act, then-Sen. Obama urged his colleagues to pass the bill during a 2007 motion to proceed:
The AFL-CIO
AFL-CIO
The American Federation of Labor and Congress of Industrial Organizations, commonly AFL–CIO, is a national trade union center, the largest federation of unions in the United States, made up of 56 national and international unions, together representing more than 11 million workers...
states the following in arguing that the company-controlled secret ballots actually make the process less democratic:
Opposition
Those who oppose card check argue it strips workers of their right to a secret ballot. They also argue that even though gathering a majority of card signers might imply that a secret ballot would be unnecessary, signers could be coerced to sign through intimidation and pressure, making it an inaccurate mechanism for determining employee support for unionization. Many business organizations, including The U.S. Chamber of Commerce, oppose the implementation of card check. From its website:The National Restaurant Association lists three points in opposition to card check on its website.
Representative John Kline
John Kline (politician)
John Paul Kline is the U.S. Representative for , serving since 2003. The district includes most of the southern suburbs of the Twin Cities, including Apple Valley, Inver Grove Heights, Burnsville and Eagan. He is a member of the Republican Party.-Early life, education and career:Kline was born...
, R-Minn., in explaining his opposition to the EFCA:
Forbes commentator Brett Joshpe states his opposition to card check as such:
According to a 2004 Zogby survey conducted for the Michigan-based, free market Mackinac Center for Public Policy
Mackinac Center for Public Policy
The Mackinac Center for Public Policy is a free market think tank headquartered in Midland, Michigan. It is the USA’s largest state-based free market think tank...
, when asked if they wished to keep the current voting process or replace it with one "less private," 78% of union members support keeping the current secret ballot system.
External links
- Coalition for a Democratic Workplace
- Dr. Gordon Lafer. "Neither Free nor Fair: The Subversion of Democracy under NLRB Elections."
- John Logan, "The Union Avoidance Industry in the United States."
- John Logan, "Consultants, Lawyers, and the 'Union-Free' Movement in the USA since the 1970s."
- American Rights at Work Fact Sheet: Majority Sign-up Q&A
- Employee Free Choice Act Now!
- Employee Free Choice Act Updates
- Workers Reject Card Checks, Favor Private Ballots in Union Organizing
- Reasons to Oppose Card Check