About us Login Get email updates
Research
Print

Quick Fact: George Will claimed EFCA would "abolish workers' rights to secret ballots"

January 29, 2010 9:17 am ET — 30 Comments

George Will asserted in a Washington Post column that "organized labor's 'card check' legislation" would "abolish workers' rights to secret ballots in unionization elections." In fact, currently it is employers, not workers, who have the right to demand a secret ballot; the Employee Free Choice Act would strip employers of that right; employees would be able to utilize the "secret ballot" election process.

From Will's January 29 Washington Post column:

Such speeches must be listened to with a third ear that hears what is not said. Unmentioned was organized labor's "card check" legislation to abolish workers' rights to secret ballots in unionization elections. Obama's perfunctory request for a "climate bill" -- the term "cap-and-trade" was as absent as the noun "Guantanamo" -- was not commensurate with his certitude that life on Earth may drown in rising seas.

Fact: EFCA would strip employers, not workers, of the right to demand a secret ballot

As The Christian Science Monitor has noted, "The proposed law gives workers a choice of forming a union through majority sign-up ('card check') or an election by secret ballot." Indeed, as The New York Times reported, "Business groups have attacked the legislation because it would take away employers' right to insist on holding a secret-ballot election to determine whether workers favored unionization" [emphasis added]. Employee Free Choice Act supporters say employers often use the election process to delay, obstruct, and intimidate workers in an effort to resist organizing efforts.

Rep. George Miller (D-CA), chairman of the House Committee on Education and Labor and a leading proponent of the Employee Free Choice Act, has addressed the "myth" that the bill eliminates the secret ballot:

MYTH: The Employee Free Choice Act abolishes the National Labor Relations Board's "secret ballot" election process.

FACT: The Employee Free Choice Act does not abolish the National Labor Relations Board election process. That process would still be available under the Employee Free Choice Act. The legislation simply enables workers to also form a union through majority sign-up if a majority prefers that method to the NLRB election process. Under current law, workers may only use the majority sign-up process if their employer agrees. The Employee Free Choice Act would make that choice -- whether to use the NLRB election process or majority sign-up -- a majority choice of the employees, not the employer.

Expand All Expand 1st Level Collapse All Add Comment
    • Author by Reinhard (January 29, 2010 9:19 am ET)
      5 1
      All of a sudden George Will is concerned for the unions?
      Give me a break. Yet another topic for George to display his ignorance.
      Report Abuse
      • Author by Rush Dimbulb (January 30, 2010 8:49 am ET)
           
        Actually, amazingly, George stumbled onto the truth for once. Don't know how it happened....
        Report Abuse
    • Author by puttforever4682 (January 29, 2010 9:30 am ET)
      3  
      Will's deliberate obfuscation on every issue is just so tiring. He uses his personal intelligence to twist every issue. A true conservative should be able to make his arguments without completely misrepresenting basic facts. The Washington Post carries his columns and is still called a liberal newspaper. Sheesh!
      Report Abuse
    • Author by bludog1 (January 29, 2010 11:15 am ET)
      2 5
      So let me get this straight. We are replacing the secret-ballot process for choosing union representation with one where union representatives come to your door and encourage you to sign up in favor of unionization. And that system provides employees more "free choice" than the secret ballot in what way(s)?
      Report Abuse
      • Author by vhw28672478 (January 29, 2010 11:47 am ET)
        3 1
        Will do not care about working people
        Report Abuse
      • Author by Old_Benjamin (January 29, 2010 11:47 am ET)
        7 1
        Did you read the post? I'm hoping not cause you would have seen this...

        MYTH: The Employee Free Choice Act abolishes the National Labor Relations Board's "secret ballot" election process.

        FACT: The Employee Free Choice Act does not abolish the National Labor Relations Board election process. That process would still be available under the Employee Free Choice Act. The legislation simply enables workers to also form a union through majority sign-up if a majority prefers that method to the NLRB election process. Under current law, workers may only use the majority sign-up process if their employer agrees. The Employee Free Choice Act would make that choice -- whether to use the NLRB election process or majority sign-up -- a majority choice of the employees, not the employer.

        Report Abuse
        • Author by DellDolly (January 29, 2010 12:41 pm ET)
          4  
          Yeah, it's not reasonable or believable for any educated person to not understand what IS and ISN'T allowed under the changes that have been proposed!
          Report Abuse
          • Author by bludog1 (January 29, 2010 12:47 pm ET)
            1 4
            it is that ... "The legislation simply enables workers to also form a union through majority sign-up if a majority prefers that method to the NLRB election process." The secret ballot process eliminates even the appearance of pressure, which the majority sign up does not. And yes, I did read the post.
            Report Abuse
            • Author by Don Hussein Fabuloso (January 29, 2010 1:43 pm ET)
              4 1
              You're right, the secret ballot does eliminate the appearance of pressure. Pressure from employers to not unionize can be done secretly much more easily.

              This legislation gives more freedom to employees. Unless you just don't like average hard-working Americans, how could you be against something that gives them more liberty ?
              Report Abuse
              • Author by loonz (January 29, 2010 3:30 pm ET)
                3 1
                It's not so much a secret anymore. Up until the late 1970s employers did their dirty work surreptitiously because America was largely pro-labor and employers knew they would face consequences. Since Reagan's presidency, most anti-labor practices by employers are done out in the open because there are little or no repercussions - the fines for ULPs are severely low which allows employers to write them off as a cost of doing business and there's no public outrage.
                Report Abuse
                • Author by Don Hussein Fabuloso (January 29, 2010 4:19 pm ET)
                  2 1
                  Thanks, Loonz. I know it has become more blatant with the calculated weakening of unions, I was just saying that the secret ballot provides more opportunities for an employer to hire plants, or to threaten or bribe an employee into opposing the union.

                  This makes me miss one of my favorite wingnut trolls, Anotheramerican (AKA Dep. Barney Fife). Second only to race-related items, anything about unions was sure to see Barney stumble in to parade his ignorance in all of its glory.
                  Report Abuse
                  • Author by loonz (January 29, 2010 6:16 pm ET)
                    1 1
                    That's exactly what they do. After a majority of workers have signed cards to form a union, the employer calls for election to buy time so he can systematically go about creating a climate of fear in the workplace so workers vote against the union. It's very hard for some people to vote in favor of a union when the person that controls their livelihood is telling them to vote against it. And a lot of Americans don't know their rights in those situations and employers and the booming anti-union industry exploit that.
                    Report Abuse
                    • Author by Rush Dimbulb (January 30, 2010 8:46 am ET)
                         
                      Or maybe the employer calls for election so it can talk to its employee and explain why a union would be bad for the company within the tight constraints of labor law which makes most discussion with the employees illegal. (Go figure that one out--your squeaky clean union lobbyists at work.) Most employees don't want to destroy their company. If they are considering unionizing, they want some changes, but not necessarily a permanent union wall between them and the source of their livelihood.
                      Report Abuse
              • Author by bludog1 (January 29, 2010 5:08 pm ET)
                1  
                If your point is that in the run up to the secret ballot election the employer has the chance to "pressure" employees, you have a point. That point exists in all cases that I can imagine, except one: a stealth campaign by employees wanting to organize. I do not accept your premise about being "against something that gives them (employees) more liberty?" Choosing one's leaders or representatives by secret ballot is fundamental to liberty in this country.
                Report Abuse
                • Author by loonz (January 29, 2010 6:29 pm ET)
                  3 1
                  Choosing one's leaders or representatives by secret ballot is fundamental to liberty in this country.


                  That doesn't work in this situation because of the power employers have over their workers. It's not an even playing field.

                  Also, workers would not be looking to form a union or be persuaded to form a union if their employer was offering decent wages and benefits - the fundamental things unions champion and secure for their members.
                  Report Abuse
                  • Author by Rush Dimbulb (January 30, 2010 9:01 am ET)
                       
                    Loonz is correct that employees who are thinking of unionizing have grievances. But how does that negate the fact that choosing your leaders by secret ballot is a fundamental aspect of liberty? It doesn't work to be free from both employer and union organizer intimidation in the sanctity of a ballot booth with a secret ballot? You lost me.
                    Report Abuse
                  • Author by adandydude (February 01, 2010 4:50 am ET)
                       
                    Also, workers would not be looking to form a union or be persuaded to form a union if their employer was offering decent wages and benefits - the fundamental things unions champion and secure for their members.


                    Wages and benefits...the single most expensive cost to a business. That is why many employers are against a union. Sure, union members make more and have better benefits. Take Ford for example, Ford is hiring! But, not hiring new employees at $28.00 per hour. They are hiring at $14.00 an hour. In therory, they can hire twice as many people at $14.00 an hour than $28.00. Which means more people working, less umemployment and more taxes paid. Had the Union not made those concessions fewer would have been hired and more looking for work.
                    Report Abuse
                • Author by Don Hussein Fabuloso (January 29, 2010 7:04 pm ET)
                  2 1
                  Choosing one's leaders or representatives by secret ballot is fundamental to liberty in this country.


                  And the EFCA gives employees that choice. I'm not sure how you don't accept "my premise" that having a choice offers more choice.
                  Report Abuse
                  • Author by Rush Dimbulb (January 30, 2010 9:03 am ET)
                       
                    No, EFCA gives that choice to the union organizer, not the employees. The employee never has a chance to vote for a secret ballot election. It's all or nothing with the card.
                    Report Abuse
              • Author by leatherhelmet (January 30, 2010 3:14 pm ET)
                1  
                It doesn't give employees more freedom it all. It does not guarantee every worker a right to a secret ballot. If you truly believed in worker's rights, you would be pressing for the right to a secret ballot. The NLRB process does not guarantee this, a point Media Matters left out.
                Report Abuse
                • Author by Disputed Zone (January 30, 2010 7:54 pm ET)
                    1
                  Workers aren't guaranteed a secret ballot now. EFCA gives employees the choice, or freedom, to use one or not.
                  Report Abuse
            • Author by loonz (January 29, 2010 3:09 pm ET)
              3 1
              The NLRB election process is now specifically used by employers to coerce workers into not forming a union so pro-union workers avoid it like the plague. Most unions today are formed through card check but the major drawback to this route is that the employer has the ultimate say. Unionization through majority sign up alone which the EFCA will mandate will give the employees the ultimate say.
              Report Abuse
              • Author by Rush Dimbulb (January 30, 2010 9:06 am ET)
                   
                The only way the employee can have the ultimate say is in a secret ballot election. Any other way means they can be coerced by the union organizers or the company. EFCA "eliminates" the secret ballot by letting the union orgainzer decide if there will be an election--i.e., NO!
                Report Abuse
            • Author by Old_Benjamin (January 29, 2010 5:10 pm ET)
              2 1
              You must see the only possible "pressure" coming from the pro-union side of things. Ever consider the type of pressures the employer uses?

              And again, the decision is left to the employees. As it should. The employer should have no say in the organizing of employees.
              Report Abuse
              • Author by Rush Dimbulb (January 30, 2010 8:40 am ET)
                   
                The employer has no say in the sanctity of a voting booth--and neither does the union organiser. That's the point of the secret ballot. Let the employees choose in a setting free of coercion from either side. The only setting providing that freedom is the ballot booth and secret ballot. If unions had a good product to offer, they wouldn't object to democratic methods versus coercive ones.
                Report Abuse
        • Author by Rush Dimbulb (January 30, 2010 8:55 am ET)
             
          EFCA doesn't give the secret ballot election option to the employees, it gives it to the union organizers. That's why Will is right this time. EFCA doesn't "abolish" secret ballot elections, it "eliminates" them. If I am wrong, just explain the circumstances when a union organizer with 50% plus 1 cards signed would opt for a secret ballot election. Why would they do it? Because they want employees to have a voice? LOL. Now that's funny.
          Report Abuse
      • Author by Rush Dimbulb (January 30, 2010 8:51 am ET)
           
        It doesn't provide more "free choice" in any way whatsoever.
        Report Abuse
    • Author by DavePalen (January 29, 2010 11:58 am ET)
         
      Wow. I can't believe that a fact checking organization is still giving misinformation about EFCA. Will is right. EFCA, in effect, takes away the secret ballot. The decision to have or not have a secret ballot vote is not up to the workers. Once a majority of cards are collected, there can be instant recognition. Why would organizers then call for a vote when they don't have to?
      Report Abuse
    • Author by Rush Dimbulb (January 30, 2010 8:35 am ET)
         
      Technically EFCA allows "employees" to choose whether to have a secret ballot election. In reality, it allows union organizers to choose. Under current law, an employee can sign a card saying they are ok with or do not oppose a union election (i.e., "let the people decide"). Under EFCA, that right is taken away. If they sign a card, they just gave their final vote to the organizers to use as they will. No secret ballot involved here at any point. The only way employees could have a secret ballot is if the organizers wanted one. Why would they ever want one if they already have 50% plus 1 cards signed? It will never happen, ever. That is why Will, amazingly, is correct on an issue for once.

      To make matters worse, the organizers can coerce employees to sign the cards with threats, lies, etc. Again, nothing resembling a secret ballot process at all. Everyone knows who refused to sign and who did sign the cards--the final vote yes or no.

      All the talk of company coercion ignores the history of labor law. Today, with the EEOC, OSHA, the NLRB and on and on, employee rights are well protected. Unions, once a necessary balance to employer power, are now simply machines sucking money out of the working person--or sucking the life out of the company as the case may be. Company activities in response to organizing efforts are well regulated. If a company acts up, the NLRB can unionize it as a penalty. The election period and secret ballot process simply allow the employee to hear both sides of the story before casting a secret ballot. That democratic process is a very different thing than a collection of extorted card signatures.
      Report Abuse
    • Author by fantagor (January 30, 2010 5:00 pm ET)
      2 1
      FACT: a union can be de-certified by CARD CHECK, no ballot required. Yet I don't hear anyone on the right fighting to make THAT end of the process part of the "sacred" secret ballot argument.

      The fact is the right hates unions and will do whatever it takes to exacerbate the difficulties in forming one. So whatever side they take, one can safely take the opposite POV and know they are on the side of justice and freedom.

      Randy
      Report Abuse

my.MediaMatters.org

Login  Sign Up

Push Back

Phone calls, emails and letters from the public do make a difference. Remember that to be effective you must be polite, and professional. Express your specific concerns regarding that particular news report or commentary, and indicate what you would like the media outlet to do differently in the future.