Save Our Secret Ballot
Encyclopedia
The Save Our Secret Ballot, Inc. (SOS) is a 501(c)(4) conservative advocacy organization created to promote states to pass constitutional amendments that would ban card check
legislation. Former U.S. Congressman Ernest Istook
(R-OK) is Chairman of the National Advisory Board.
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).
. The latest version was introduced into both chambers of the U.S. Congress on March 10, 2009. The Bill's purpose is to,
The Bill would, firstly, allow a union to be certified as the official union to bargain with an employer if union officials collect signatures of a majority of workers. The Bill would remove the present right of the employer to demand an additional, separate ballot where over half of employees have already given their signature supporting the union. Secondly, the Bill would require employers and unions to enter binding arbitration to produce a collective agreement at latest 120 days after a union is recognized. Thirdly, the Bill would increase penalties on employers who discriminate against workers for union involvement.
Card check
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...
legislation. Former U.S. Congressman Ernest Istook
Ernest Istook
Ernest James Istook Jr. is a former Republican member of the United States House of Representatives from Oklahoma's 5th congressional district. He held his congressional seat for 14 years, completing seven terms in the House...
(R-OK) is Chairman of the National Advisory Board.
History
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).
Employee Free Choice Act
The bill is currently being considered in the United States CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
. The latest version was introduced into both chambers of the U.S. Congress on March 10, 2009. The Bill's purpose is to,
The Bill would, firstly, allow a union to be certified as the official union to bargain with an employer if union officials collect signatures of a majority of workers. The Bill would remove the present right of the employer to demand an additional, separate ballot where over half of employees have already given their signature supporting the union. Secondly, the Bill would require employers and unions to enter binding arbitration to produce a collective agreement at latest 120 days after a union is recognized. Thirdly, the Bill would increase penalties on employers who discriminate against workers for union involvement.
Constitutional amendments
In 2010, four states passed referendums to their state constitutions guarenteeing the right to a secret ballot.Arizona
Arizona Proposition 113 was passed in 2010. The constitutional amendment to the Arizona State Constitution would ensure that workers get a secret ballot to vote for union representation.South Carolina
South Carolina Amendment 2 (2010) was passed and amended the South Carolina State Constitution.South Dakota
South Dakota Amendment K was passed and amended the South Dakota State Constitution.Utah
Utah Amendment A was passed and amended the Utah State Constitution.National advisory board members
- Ernest IstookErnest IstookErnest James Istook Jr. is a former Republican member of the United States House of Representatives from Oklahoma's 5th congressional district. He held his congressional seat for 14 years, completing seven terms in the House...
, former U.S. Congressman (R-OK) - Pat ToomeyPat ToomeyPatrick Joseph "Pat" Toomey, Sr. is the junior United States Senator for Pennsylvania and a member of the Republican Party. Previously, Toomey served as a U.S. Representative for three terms, but did not seek a fourth in compliance with a pledge he had made while running for office in 1998...
, former U.S. Congressman (R-PA) - Merrill CookMerrill CookMerrill Cook was a Republican member of the United States House of Representatives from Utah.Cook, a member of The Church of Jesus Christ of Latter-day Saints was born in Philadelphia, Pennsylvania, and raised in Salt Lake City, Utah. He graduated from East High School in 1964 and the University...
, former U.S. Congressman (R-UT) - Adam HasnerAdam HasnerAdam Hasner , served as a State Representative for District 87 in the Florida House of Representatives until 2010. District 87 includes the coastal communities in the southern portion of Palm Beach County and the northern part of Broward County, including Boca Raton, Delray Beach, Deerfield Beach...
, Florida House Minority LeaderFlorida House of RepresentativesThe Florida House of Representatives is the lower house of the Florida Legislature, the state legislature of the U.S. state of Florida. The House is composed of 120 members representing an equal number of districts, with each district having an average population of 156,677.The House convenes at...
(R-FL) - Gilbert BakerGilbert Baker (Arkansas politician)Gilbert R. Baker is a Republican State Senator from Arkansas' 30th District. In 2010, Baker was an unsuccessful candidate for the United States Senate seat formerly held by the Democrat Blanche Lincoln. He has been a member of the Arkansas State Senate since 2001.Baker holds degrees from Louisiana...
, State Senator (R-AK) - John LoudonJohn LoudonJohn Loudon is the name of:*John Loudon , Dutch foreign minister *John Claudius Loudon , Scottish botanist*John William Loudon , Missouri state senator...
, State Senator (R-MO) - Mark Meierhenry, former State Attorney GeneralSouth Dakota Attorney GeneralThe Attorney General of South Dakota is an elected office that assists local law enforcement agencies in the state of South Dakota, provides legal representation for state agencies, and enforces consumer protection laws. The current attorney general is Marty Jackley.-External links:*...
(R-SD) - Mark ShurtleffMark ShurtleffMark Shurtleff is the current attorney general of the state of Utah, United States, a position he has held since January 2001...
, State Attorney General (R-UT) - Troy KingTroy KingTroy Robin King is the former attorney general of the state of Alabama, United States. He previously served as an assistant attorney general and a legal adviser to both Republican governors Bob Riley and Fob James. King was appointed by Governor Bob Riley in 2004, when William Pryor resigned to...
, State Attorney General (R-AL) - Clint BolickClint BolickClint Bolick , is an American attorney and the director of the Goldwater Institute's Scharf-Norton Center for Constitutional Litigation in Phoenix, Arizona....
, member of Goldwater InstituteGoldwater InstituteThe Goldwater Institute is a Phoenix, Arizona-based conservative public policy research organization established in 1988. The president is Darcy A. Olsen. The Goldwater Institute advances public policies with emphasis on lower taxes, limited government spending, school choice, and a reduction in... - Sydney Hay, President of the Arizona Mining Association
- Paul JacobPaul JacobPaul Jacob is an activist, organizer, and advocate for legislative term limits, initiative & veto referendum rights, and limited government in the United States. He writes a weekly column for Townhall.com and his short radio commentary feature, "Common Sense," is syndicated by the Citizens In...
, founder of U.S. Term Limits - Brian JohnsonBrian JohnsonBrian Johnson is an English singer and lyricist who has been the lead singer for the rock band AC/DC since 1980. He was inducted into the Rock and Roll Hall of Fame in 2003 along with the other members of the band....
, Director of Alliance for Worker Freedom - Jonathan Johnson, President of Overstock.comOverstock.comOverstock.com , also known by its shortcut, O.co, is an online retailer headquartered in Cottonwood Heights, Utah, near Salt Lake City. Founded in 1997 by Robert Brazell, under the name D2: Discounts Direct, it was a pioneering online seller of surplus merchandise which, upon its failure in 1999,...