Having been involved in discussion regarding Right-To-Work legislation in Indiana and Michigan, I can attest to the tireless efforts of grassroots movements – by local businesses in Indiana and concerned United Auto Worker employees in Michigan – to achieve the goal of protecting worker freedoms. Statistical data shows that the implementation of a Right-To-Work law is positive, as such states see statistical growth in both population and jobs. Right-To-Work laws are important guarantees of the freedom of choice and the assurance of a lack of intimidation in the organizing process, but there is growing evidence that workers and management in RTW states are still subjected to union intimidation.
A recent article by Diana Furchtgott-Roth of The Manhattan Institute, suggests not. Ms. Furchtgott-Roth points out that RTW states not only have the highest employment growth over the last 4-5 years, but they also have the highest growth rate for union membership! The statistics she presented were absolutely astonishing, but few people have picked up on the significance and logic behind the union growth in these states. The truly frightening part is the number of cases recorded, since Card Check is virtually unregulated and therefore untraceable.
“Why Union Growth: According to data from the National Labor Relations Board (NLRB), in 38% of all union recognitions in 2009, the latest year for which data is available, unions bypassed secret ballot elections and instead used card checks to unionize employees. Specifically, the NLRB reports that unions won 794 single-union representation elections. During that period, the NLRB recorded 485 notices of card check union recognition.”
Unfortunately, Big Labor’s “Gasping Dinosaurs” are a resourceful lot. Their political contributions have bought them the support of President Obama and his Administration, who has, in turn, appointed a Rogue NLRB. The NLRB is currently lead by heavily pro-union favored board members, many of whom were unconstitutionally appointed by the President (see Appeals Court Nixed Obama’s Recess Appointments). The result of this support is that Big Labor bosses see RTW states as a shining new opportunity to rebuild its declining membership. Unions understand that with the support of the indebted President and pro-labor support from the NLRB, they can achieve membership without an election through Card Check by utilizing their insidious campaigns of “Death by a Thousand Cuts.”
Once they have infiltrated the masses, Big Labor can then use the same type tactics against the newly forced unionized employees to ensure that they don’t exercise their right not to pay dues (or in some cases, belong to the union) under RTW laws. This can be accomplished by making sure that the uneducated are not advised of these rights, or by the specific targeting of persons who choose not to pay dues. This can be accomplished because, unions are legally allowed to broadcast a list of those individuals who choose not to pay dues (see Worker’s Allege Improper Collection of Union Dues).
This raises concern, as it is unclear how the “dues-paying” union membership will choose to use this list. Membership who view non-payers as “freeloaders,” may be inclined to use unlawful force, threats, and/or intimidation in an attempt to alter a non-member’s decision. Unfortunately, most members ultimately cave, as employees subject to such intimidation have few options. While this type of activity is unlawful, the sole oversight of these actions belongs with the National Labor Relations Board, a partisan governmental “agency” whose devotion to labor unions is well-documented and unquestioned. The process is timely, difficult to understand, and expensive – as it generally includes the involvement of an attorney to represent ones interest. With little oversight, Big Labor can continue to grow its membership in RTW states through a combination of employee and employer intimidation, with no government regulation to hinder its actions.
Although RTW has been a Godsend for many states, employees and employers, RTW laws need more “teeth” in order to truly protect employees and employers from ruthless forced unionization tactics. The following changes would eliminate the “behind the scenes” intimidation and allow for fair representation in union elections. Additionally, these changes would impose collective bargaining restrictions that would allow members to make decisions free of coercion as to whether they wished to remain part of the bargaining unit.
1. Reinstate Secret Ballot Elections: Uphold the long standing belief in allowing people to vote their conscience through a “Secret Ballot Election” by inserting language that requires all union representation be achieved by secret ballot conducted under the auspices of the National Labor Relations Board (NLRB). Currently Indiana State Senator Jim Banks has introduced such an Amendment to the Indiana state constitution and Virginia has already passed such a law (see New Employee Privacy and Union Voting Rights Laws in Virginia Go Into Effect July 2013).
2. Eliminate Check Off Clauses: Such clauses in collective bargaining agreements require unionized employers and government entities to deduct union dues from member paychecks and forward them to the union. These clauses are utilized by Big Labor through intimidation to force employees to remain part of the bargaining unit in RTW states. Unions should be required to be their own accountants and collect dues directly from the employees without third party involvement. In essence members would then have the ability to decide, just like in the free market, if the services/products they are receiving are worth paying for directly. This is no different than a person paying when satisfied for legal, real estate, investing, or other services/ products. It only makes sense, but is often a non-starter for Big Labor in contract negotiations (see Teachers Silenced by Teachers Union).
3. Eliminate Monopoly Representation and Outlaw Neutrality Agreements: In The Devil at Our Doorstep, I presented the following as the first two points in my “Ten-Point Plan to Battle Big Labor.”
a) Replace the current union monopoly representation with a secret ballot election every three years, so unions have to justify their actions to the employees. Unions must obtain written consent from every dues paying member before using money on anything other than collective bargaining activities.
b) Institute a new regulation that outlaws neutrality-type agreements, which allow card check in lieu of secret ballot elections.
4. Rewrite State Extortion and Blackmail Laws: James Sherk of The Heritage Foundation accurately proposed that we should modify state extortion and blackmail laws to include unions, which are currently not implicated under labor law. This would prohibit pressure campaigns which are designed to force an employer to surrender, rather than trying to persuade the employees to unionize.
Leveling the Playing Field through these changes and passing a National Right-To-Work Law are necessary steps to improve the economy and continue to create jobs absent the threat of Big Labor intimidation! It is imperative for this great country and the freedom of its citizens that new “teeth” are introduced to support and assure the success of the recently passed Right-To-Work laws.
David A. Bego is the President and CEO of EMS, an industry leader in the field of environmental workplace maintenance, employing nearly 5000 workers in thirty-three states. Bego is the author of “The Devil at My Doorstep,” as well as the just released sequel, “The Devil at Our Doorstep,” based on his experiences fighting back against one of the most powerful unions in existence today.