Card Check: Bringing GM's success to small business

Union bosses directed hundreds of millions in donations to Democratic candidates in 2008. And now it's payback time.

Current labor law dictates that if a significant proportion of a company's employees sign "authorization" cards seeking union representation, then a labor organization can petition the National Labor Relations Board (NLRB) to hold an election. In the current formulation, the election is conducted via a secret ballot and overseen by neutral federal regulators.

Under the Democrat-supported Employee Free Choice Act's (EFCA) rules, the union would seek certification without a secret ballot once a majority of targeted employees have signed cards.

They may also seek a government-mandated labor contract on wages, benefits and working conditions. Union bosses -- not members -- favor EFCA because the "cards are often signed under coercive or intimidating circumstances and do not represent informed intent."

Organizations representing small businesses -- like the National Restaurant Association -- vehemently oppose the EFCA, and for good reason.

Because of NLRB safeguards, employees can cast their vote confidentially, without peer pressure or coercion from unions or employers... If Congress passes the Employee Free Choice Act, employees effectively lose their right to private-ballot elections. The bill would establish a so-called “card-check” union organizing system, in which a majority of employees simply sign a card in favor of union representation.

Recent polls show strong majorities of the public want to keep the current protections in place. Numerous editorial pages across the country also have expressed support for keeping the private ballot.

Status: The House passed the Employee Free Choice Act, H.R. 800, in 2007 by a 56-vote margin – 241 to 185. The vote was largely along party lines; only 13 House Republicans voted for the bill and only 2 House Democrats voted against it. Supporters haven’t been able to get S. 1041 through the Senate yet. On their last try, they achieved only 51 of the 60 Senate votes they needed. 2009 could be a different story, which is why we need to educate lawmakers now.

The EFCA would be an utter and complete disaster. If you're a small business owner -- one of the many who create 75% of American jobs -- you need to be aware of this legislation and fight it every step of the way.

Because you're the target.

Click on any of the images to visit the analogous UnionFacts web page.