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Card Check Bad for America
Saul Anuzis provides an update on the "Employee Free Choice Act" (which does not, in fact, give employees a free choice about Unionization) and action you can take against the legislation. - Jon Henke
Freedom Not Fear in the Workplace!
With the Democrats in control of both chambers of Congress, union bosses have pushed for the introduction the so called "Employee Free Choice Act", better known as Card Check. With wide majorities in both the House and Senate, many believe this could pass fairly easily and be on President Obama's desk sooner rather than later.
The Wall Street Journal reports that several moderate Democrats and the lone Republican supporter of the EFCA legislation are having second thoughts of the economic impact of such legislation.
A recently released study by University of Chicago economist Prof. Anne Layne-Farrar points out that if the union bosses estimates are correct, we could lose some 600,000 jobs the first year EFCA takes effect nationwide?!?
President Obama's key economic advisor and business leader Warren Buffett came out on CNBC's Squawk Box and said he opposed "card check". Addingthe "Oracles" voice to those concerned about this legislation should carry some weight with Democrats. Not to mention Democrat Presidential candidate and former U.S. Senator George McGovern!
I have joined Newt Gingrich in organizing a nationwide, new media campaign to help stop EFCA in Congress. We are collecting thousands of signatures online to turn into members of Congress and to encourage voters/activists to let their members of Congress know they oppose this reckless legislation, particularly during these tough economic times. Our goal is to protect freedom in the workforce and not encourage fear through intimidation.
The key vote will be the vote for "cloture" in the Senate, which will call off debate and force a final vote on the bill. The vote for "cloture" is "the vote" for the bill, therefore ALL eyes are on the U.S. Senate. So sign our petition, encourage your U.S. Senators to oppose the "cloture vote on EFCA" and protect workers rights to a secret ballot and prevent government bureaucrats from setting the terms of their work conditions.
Go to American Solutions and sign our petition to help save American jobs and stop the union bosses and Democrats from playing these games.
AmericanSolutions.com/FreedomNotFear


Comments
Saul Anuzis Bad for Truth
Saul, I realize that Newt is paying to you spread his talking points on EFCA. However, these types of forums are usually not just one-way streets, like broadcast TV. Common practice is for someone who makes a post to answer reasonable questions that are put to him.
Just a few days ago you posted the following on this site:
I have asked you, several times, to post the language from the bill that has the effect of eliminating the private ballot. You have not done so.
Are you, in fact, now concedeing that your/Newt's allegation is not true?
It would appear he is conceding that.
It has been three days, in which posts seeking substantiation on two separate threads have been ignored. I would think that if there were in fact text in the bill that would eliminate the right to vote by private ballot, he would have been more than happy to provide it.
More than 50% of americans
More than 50% of americans don't want to ban abortion; more than 50% support gay civil unions.
college degree | Graduate Certificate program | online business administration degree
Oh, but Saul did respond to your challenge.
From the post above, you will notice he has stopped suggesting that the EFCA is unfair, un-American, or takes away the American ideal of a secret ballot. Now the meme is, under the EFCA the country will loose jobs.
Of course, this too is a red herring. As I have said, organizing and collective bargaining is a right the Republican party supports. Now are we supposed to believe that somehow the Republican party doesn't support the right of workers to unionize just because of EFCA?
I think somebody got to Saul and told him the elites of the party aren't supposed to actually participate in the blogs they post their propaganda in, simply post their spiel and leave.
ex animo
davidfarrar
In other words, he isn't being paid to respond to twerps like me
In other words, he isn't being paid to respond to twerps like me - he hears only his master's voice.
I do think that he has, in essence, conceeded, my point, but he did still slip in:
so I'm not completely mollified.
No, I am sure good, old Saul is still getting paid...
...but you have forced them to changed their tactics, and by doing so, they have tacitly admitted they were wrong, or at least weak, in their first assertion.
But I am not sure if good, old Saul is going to be responding to his posts anymore. I think we ran him off.
In addition, I would guess good, old Saul will try and update his remarks to try and coverup is mistake. But, in the end, the truth will prevail.
ex animo
davidfarrar
I'm not Saul, but . . .
HR800 Section 2(a)(6) ". . . If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a)."
Presently, the NLRB will only certify a union as the exclusive representative of the employees of a company if the the Union is selected by an NLRB secret ballot. Under EFCA, the NLRB will no longer require secret ballot elections to certify a Union.
So now there are two options
instead of just one.
Yes, A.C Hall...
...thank you for using the language of the bill as your premise. Now we can intelligently discuss this issue like responsible Republicans. I just wish our party's corporate leadership would see its grassroots in a similar light and act accordingly.
But before I address your point; I would like to take a moment here to do a little house-cleaning. I am not a labor expert. In fact, I have been self-employed for most of my working career. I came at this issue the same way I hope every true Republican addresses an issue -- I could be wrong in my layman's understanding of the language of this bill -- but show me your evidence and I will form my own opinion and make up my own mind.
Now to your point. Yes, what you have copied of HR800 Section 2(a)(6) is mostly correct. And I am sure you didn't leave anything out you thought was important on purpose, but you did leave something out of your copy above. You left out the very first sentence of HR800 SEC. 2(a)(6) "Notwithstanding any other provision of this section"...What it is telling you is that when the company learns its workers are signing union pledge cards, it can still call for a secret ballot of its workers to decide the issue, as per another provision of this section, before the union reaches 50% +1 signed pledge cards.
Now because of the new EFCA guidelines, the company will be put on notice that the union will be recognized when it gets to -- the bill says 50% + 1 -- but the practical effect is that no union is going to the NLRB with just 50% + 1 signed pledged cards. Employees sign union pledge cards for many, many reasons. I would say any union that goes to the NLRB to demand recognition will have at least 75% to 80% of the workforce signed up. So the practical effect of this EFCA legislation is that it will give the company more reason to call first for a secret ballot of its workforce rather than waiting and engaging in firing, intimidating or coercing its own employees during the card signing process.
One more small note of interest. In Saul's posting above, he mentions a recently released study by University of Chicago economist Prof. Anne Layne-Farrar (no relation), who points out that if the union bosses estimates are correct, we could lose some 600,000 jobs the first year EFCA takes effect nationwide?
This same study was posted at GOPTEC SUMMIT.ning.com, but through a third-party. When I went to that site, the same study printed. However, it did have a "Comment" section, wherein I learned that the good professor was a Human Resource consultant to some industry association, and had been paid by that industry association for her study. When I mentioned this fact at GOPTEC SUMMIT.ning.com site, they took the whole posting down, including my remarks.
ex animo
davidfarrar
wow! fantastic muckracking, david!
congratulations! ;-)
Yes, well done
Good job. Yeah for the internets.
I hope this whole EFCA thing is over soon - agreeing with you is totally destroying my street cred in the elitist ivory tower that I live in.
Destroying your street cred...
...try defending Labor on a right wing blog if you are a Republican. I am not sure any of my right wing friends are even bothering to read my posts now.
Maybe I should start posting my gifs again?
ex animo
davidfarrar
please don't!
you're much easier to read without the blinky flashies. If you must post on point graphics (not pooties!), make sure they don't move. I've generally skipped reading your posts, just because they're... that noisy.
that's not actually the case
as I understand it. as I understand it, it is the employer's right to ask for either cardcheck or secret ballot NOW. The language in the new bill makes it the employees' right.
Well, I have heard that too...
..but I can't find it anywhere. Perhaps you would be so kind as to cite your source.
Thanks.
ex animo
davidfarrar
I'm pulling it from dailykos
where such assertions have been frontpaged multiple times. Sadly, they haven't bothered to link the bill itself, nor the prior bill that is current law.
;-)
It may be a matter of semantics
Under the old rules, the employees may have also had the right to call for secret elections, but if it wasn't what the company wanted, and in most cases, it wasn't, heads would roll. Now, if EFCA passes and the company knows the employees have another way out, more pressure will be placed on them to support one of their employees calling for a secret ballot on unionization, and sooner. It's just a guess.
ex animo
davidfarrar
As I have said:
This is a classic example of just how much Corporate America is running the Republican party. We might as well rename the Republican party, as many voters have already done so, the Corporate America party.
The EFCA will even the playing field so workers can organize and collectively bargain, an act that is fully supported by the Republican party. To suggest now that this is somehow un-Republican does a disservice not only to the American worker, a very important voting segment the party needs if it expects to win elections, but to the party itself.
It is just this type of situation, I dare say, would not be possible for the corporate elite of the party to pull off if all members of the party were given a voice, allowed to speak and to be accurately heard. But is this going to happen? I don't think so, because just like not supporting lower taxes, or failing to support reduced government spending, or insuring more personal liberty, Corporate America can't stand the truth when it comes to a worker's right to organize and to collectively bargain.
ex animo
davidfarrar
Saul, Please READ THE BILL before you comment again.
EFCA is really about good faith negotiation AFTER an election
C'mon Saul. Nando has called you out 3 times. Man up dude!
It's becoming pretty clear why the radio talkers pot down the volume on callers while they pontificate. And why the TV guys like Hannity and O'Reilley love to answer the tough questions by changing the subject with another question. And why original posters won't answer repeated excellent questions from their commenters.
It's just too damn easy with the internet to punch holes in false propaganda talking points. It's a catch 22. You want to distribute the propaganda as far and wide as possible so all the liars can tell the same lie on the same day. But, a large distribution list almost guarantees that somewhere the opposition gets immediate possesion of your marching orders.
After that any 11 year old, can access the truth about the subject, contrary expert opinion, and probably a video snippet where the original propaganda proponent argued the exact opposite just a few years ago.
This is..
...embarrassing.
Anuzis, where are you??
the information flow on the
the information flow on the right goes in one direction only gentleman. you can either be (a) a dittohead or (b) a stinking liberal commie socialist hell-bent on ruining this great nation.
I don't think this stuff should be going on the front page
It's making the site look bad. Oppose EFCA if you want but don't do it with lies; that's the old Right that the country fears, not the Next Right.
Please comment on this article:
http://thehill.com/op-eds/true-democracy-in-the-workplace-2007-06-14.html
"..When employees want to form a union, they have to go through a process that looks more like the discredited practices of rogue regimes abroad than like anything we would call American.For an election to be “free and fair,” both sides must have equal access to media and the voters. But not under labor law. Anti-union managers are free to campaign to every employee, every day, throughout the day; but pro-union employees can campaign only on break time. Furthermore, management can post anti-union propaganda on bulletin boards and walls — while prohibiting pro-union employees from doing the same. By law, employers can force workers to attend mass anti-union propaganda events. Not only are pro-union employees not given equal time, but they can be forced to attend on condition that they not ask any questions. Recent data show that workers are forced to attend between five and 10 such one-sided meetings.
If, during the 2004 presidential campaign, the Democrats could have forced every voter in America to watch Fahrenheit 9/11 (or if the Republicans could have forced everyone to watch the Swift Boat Veterans for Truth video), with no opportunity for response from the other side, none of us would have called this “democracy.”The Founding Fathers understood that workers are particularly vulnerable to the economic coercion, and therefore we have a host of laws designed to protect voters from the economic influence of their employers.
For instance, in elections for Congress or the president, it is illegal for a private corporation to tell its employees anything that favors one candidate or the other. But in workplace elections, it is standard practice for supervisors to hold repeated one-on-one conversations with the individuals they oversee. Here, the person who has the most direct control over hiring and firing, promotion, raises, hours and duties tells their subordinates in no uncertain terms why a union would be bad for them. The message is clear: If you ever want a raise, or a day off to take your kid to a doctor, you better not support the union.Many of the tactics used to intimidate employees are legal. However, because federal labor law contains no possibility of punitive fines, prison or any other type of sanction, employers break the law at will. Last year, approximately 15,000 Americans were illegally fired, suspended or otherwise financially punished for trying to form a union in their workplace..."
Please tell me where any of this is false.
I've given up on Republicans on this issue
I am an open minded person, speak honest to me and i will listen, try and mislead me and I question your motives.
its been repeated pointed out that this doesn't eliminate the secret ballot, it provides a second option to forming unions, you can EITHER use a secret ballot OR use the cards.
but republicans ignore and act like you can't use secret ballots anymore, it seems this is untrue and that I am being lied to.
in that case I don't listen to Republicans anymore, which leads to me only being able to listen to Democrats.
Whoa wait a minute
While the law seemingly would allow two options either a secret ballot or use the cards, the PRACTICLE result would be that people could be and would be forced to use the cards. The people organizing could now harass workers into supporting a card check instead of the only option of a secret ballot.
I want to know - Why do we need to have a card check... what is wrong with the system now? While Saul is silly not to respond, I'd like the pro-EFCA people to tell us why we need this change.
Is it because it would make it easier to intimidate workers?
Ironically I would like to think of myself as a pro-union Republican - but this issue goes to far for me.
Do you read daily kos?
And there you go! just a little bit of sunlight -- Anuzis and Ruffini are both being paid to advocate against EFCA.
If you need more, I got tons. facts are king -- except if you want to distort truth. then you scream about secret ballot elections (which is really saying nine weeks of intimidation and hell)
Shareholders
A theoretical question for people but who should a company favor and protect -its shareholders or its workers? Basically if you are a CEO of a company who do you think you are obligated to fight for?
When does unionizing maximize profits for a company?
Again, I'm not picking sides here with my questions I just want to see if everyone is being honest with themselves.
But of course your question also demonstrates
But of course your question also demonstrates why workers want and need unions.
If CEOs want to HONESTLY present their arguments, fine. Although I do object to the recently bailed-out banks getting involved - that is cheek of the highest order.
However: what's happening is that the CEOs are paying people like Newt to make this phoney case that what they are concerned about is democracy.
the oldest struggle
This whole debate is really centered around the original arguments for and against unions. It's the responsability of a company to protect it's shareholders and it's the responsability of the unino organizer to protect the rights of workers.
But I always like to think of myself as a 1/2 loaf type of guy. I'm pretty moderate on these issue, and I think I said it in some other post but as a New Englander I just don't see union organizing as a major issue confronting the nation right now and I question why we are taking this on right now.
I do get concerned that there would be intimidation and harrasment of workers to unionize since while the option would be there, the likelyhood is that secret ballots would become a thing of the past.
What is the middle ground on this issue? Can we strengthen laws against CEOs illegally firing employees trying to unionize? If we take the secret ballot issue off of the table, what is left? Why is that part so key?
Again, I think I've been reasonable on this - I just would want to know where can these two sides.. (in a perfect world) ... meet in the middle?
I also think I'd be more open to EFCA if I knew that the administration had something planned to help small business owners, but even though they are the engine of this economy and not big business and not unions or public jobs, there hasn't been a peep out of Washington to help out the small business owner.
I agree that there is nothing magic about card check
I support EFCA but also agree with you that there is nothing sacred about card-check. If employer abuses can be curbed via other methods, that's great. I guess one advantage of card-check is that it ISN"T a proposal for increasing the regulatory regime/increasing the size of the bureaucracy.
However, what I really wanted to respond to is your comments about small businesses. I know of these provisionsfor the SBA in the stim:
However: as a small business owner, the only thing that is really going to help me is for my customers to stop losing/worrying about losing their jobs.
u mm... sure there has.
washington is pushing universal health care, which will help small businesses be competitive in the global marketplace.
I think that CEOs and corporations have enough power that the unions will in general watch their own backs, so they don't get stabbed (i.e. no intimidation).
The right to organize...
...and to bargain collectively, while it may not be on the political agenda of Corporate America, it is supported in the Republican party's political platform.
In terms of addressing your direct question, whether your company is unionized or not, good, positive employee relations is essential if the company is going to successfully compete in the market today. It is when companies try to exploit their workforce or deny them their right to organize companies fail to compete in the market place.
ex animo
davidfarrar
those are good questions! Henry Ford seemed to think
that by paying his workers more, he'd create a new economy, one that was more diamond, and less pyrimidal. The Auto Unions created our Middle Class, right down to working five days a week.
I wouldn't bitch NEARLY so much, if the CEOs were actually out for long term profits. It's when Circuit City fires all their high performance workers so that they can actually post a profit... even if the next quarter they have to file for bankruptcy... That gets me teed off bigtime.
Hedgefunds have fundamentally distorted the market, so that R&D and other risky ventures are just not pursued, in the quest for almighty profits in the here and now.
that isn't how the argument is framed
and that is my point.
I am worried that this could be used to make it easier for Unions to intimidate workers to form unions, I want to here what safety precauations would be taken against this.
but thats not what the Republican argument is, now is it.
Democrats want to take way your right to a secret ballot, and that is obviously not true, and thats my point when I am mislead then I distrust anything else they have to say on the opinion.
by ignoring that it doesn't eliminate the secret ballot but gives a different option that could have a potential for abuse, I feel misled and thus distrust Republicans on this issue.
I to would like some of your questions answered, but Republican leaders aren't asking those questions are they, they are simply saying that democrats want getting rid of your right to a secret ballot, which from where I sit is mis-leading.
I am a pro-union Republican myself, which is why i am dismayed the Republican leaders are trying to mislead, instead of actually waging a constructive debate.
when you aren't in a power relationship (aka boss worker)
intimidation is a tricky thing to try. there are already all sorts of laws on the books against union intimidation. this law puts more resourced towards the NLCB, which enforces such things, along with corporate labor issues. I hardly think that 30% of workers are intimidated by unions, whereas I can cite sources saying that 30% of corporations operate illegally to stop unions from organizing.
I am neutral on the legislation
indeed, this is why I am only neutral on this legislation, I don't really have an opinion either way, and I do believe Unions have their place.
I was just noting how even though I consider myself a Republican, I am inclined to distrust them on this issue because of their misleading attacks on it.
To anser your questions
I am fascinated by the repeated idea that harassment comes only from the union organizers, never from the employers - despite all the evidence to the contrary.
I a case of proposed unionization, there will be workers - some who are in favor, some who are opposed - and the employer, who will always be opposed.
The present system plays completely into the hands of the employer. EFCA levels the playing field.
If the workers want a vote, but want it via private ballot, they can vote for that by not signing their cards. Why is that so diffiult to understand?
Ask yourself why he hasn't - it is becasue he can't come up with a defense for the indefensible. Plus Newt isn't paying him to take questions from little people - Newt is paying him to do the bidding of the corporate masters.
Becasue the current system gives the employer and enormous bag of tricks to employ to first delay the election and then skew its results.
If, as you say, you are non hostile to unions, why would you oppose a member that is designed to make it easier to bring the question of whether or not to form a union to a vote?
I agree with the lefties on this one
I must say the propaganda has worked because I always thought it was not an either/or proposal that it would have to be the card check.
I still hate unions having been in three during my life. They are completely antiquated and the visages of a bygone era before globalization. I think most Dems talk about Republicans living in a mythical past, in regards to labor so do the Dems.One major problem I have always had besides corruption is that wages are rewarded for years of service not effort and that once your company becomes a union, your forced into them. That and unions have partially killed many industries in the US. Small or company only unions are much better than national union organizations as they more work with safety and other concerns. Not just bumping up wages for the old guard. Also if things like teacher's union wasn't so powerful a lot of problems with education wouldn't be there. Unions shouldn't be running or in bed with one party but it's too bad that both sides (labor and management) have become in bed with one party forcing the issue. I still feel that unions are needed that you could have organized labor without the old model of unions and especially large national industry-wide unions.
But like I said even though I am really anti-union I support this. Hell the one industry that can't go overseas is the service industry. So while everything we shop for will become increased in prices at least it might knock Wal-Mart down a few pegs which wouldn't be bad in my opinion (fyi, not completely anti-Wal Wart, there are just way to big and need some competition again)
.
I don't especially like unions.
but many companies pay "under the table" wages to high-performing workers (aka I can do the work of four workers, pay me double -- true story).
Small unions, or unions focused on helping out small businessmen (aka santa claus unions) do seem more efficient.
Wall mart needs to rework it's infrastructure. nearly fail logistics will fail, sooner or later.
The real problem with EFCA and the GOP
This is an interesting thread in that it highlights how the anti-EFCA crew is unwilling to clearly state and defend their views.
EFCA will make it easier for workers to form unions. That's why its supporters support it and it is the reason its opponents oppose it. However, the opponents appear to have made a judgment that their case can be won on the merits: unions are bad for business. Instead they adopt the disingenuous position that they are defending workers' rights.
Too many GOP initiatives take this form which leads to credibility problems and is generally an indication that conservatives are being corrupted by the GOP corporate interests. To be clear, I am not suggesting that conservatives are pro-union, we're not. But conservatives prefer to speak our principles openly and honestly rather than hide behind bogus arguments like "we're all that's standing be you and the secret ballot."
I did not know this...
..."Opinion surveys show that about 40 million American workers wish they had a union in their workplace. This desire is understandable since workers with unions make about 30 percent more than their counterparts in the same type of job. But the chances of these employees realizing their desire are very small because the system of “elections” for forming a union is so highly stacked against workers."
40 million American workers who wish they had a union....if we, as Republicans, want to start winning elections again, we had better start dealing with the unbalanced corporate influence in our party.
ex animo
davidfarrar
Source: Click here.
Any non-partisan poll out there?
I don't trust the Hill, especially when that article doesn't cite sources and is from a pro-union professor.
I don't trust this http://laborpains.org/index.php/2009/02/04/new-poll-82-of-americans-dont-want-to-join-a-union/ either.
Yes, you are right.
I couldn't find any source mentioned in The Hill's Op-Ed piece by Prof. Gordon Lafer's either.
However, I did find his email address: glafer@uorgon.edu
I have sent him an email asking him for his source. I will post any answer I receive from Prof. Lafer.
Thank you.
ex animo
davidfarrar
How About to Decertify?
Can the pro-card check forces here explain whether they would support allowing the card check process to decertify a union as well? This proposal has been routinely voted down by Democrats on the House Labor Committee.
In any case, the argument that it allows "both" options, and is therefore benign, is peculiar. The pro-card check camp points to intimidation, etc., etc., without acknowledging the problems inherent in publicly declaring - by signing a card or a petition, however the union wants to organize it - whether a person wants to join a union. It's a private matter, and if anything, Congress should be strengthening the secret ballot process and punishing those who violate the law.
Card check is a not-so-subtle ruse designed to force more workers into unions and raid their wallets for union dues, which are then promptly redirected into Democratic campaigns.
I can't see anyone being forced here.
Perhaps you would care to cite your source?
But to answer your question: Yes, to my knowledge, there is a procedure in place that will de-certify a union. As far as I can see, it is remarkably similar to the certification process. But, again, I am not expert.
NATIONAL LABOR RELATIONS ACT
Sec. 9 [§ 159.] (e) [Secret ballot; limitation of elections] (1) Upon the filing with the Board, by 30 per centum or more of the employees in a bargaining unit covered by an agreement between their employer and labor organization made pursuant to section 8(a)(3) [section 158(a)(3) of this title], of a petition alleging their desire that such authorization be rescinded, the Board shall take a secret ballot of the employees in such unit and certify the results thereof to such labor organization and to the employer.
If you would like to amend this section of the Act by stating that should there be 50+1 centum or more of the employees in a bargaining unit covered by an agreement between their employer and labor organization made pursuant to section 8(a)(3) [section 158(a)(3) of this title], of a petition alleging their desire that such authorization be rescinded, the Board shall forgo a secret ballot of the employees in such unit and rescind the certification of said labor organization."
I would be happy to support such a change.
But, I am told, although I have seen no real proof supporting this contention, that the EFCA does contain just such a stipulation.
ex animo
davidfarrar
Just to be clear
Just to be clear - currently card-check CAN be used to decertify a union.
So I think it is quite odd that people will argue that can't possibly be used for the opposite.
To answer the question you pose - sure, I'd be happy to see a better private-ballot system, and if that could be done, yes that is a fine alternative to card-check. Untill recently, I was also a believer that markets would regulate themselves. That belief has now been shattered. As for making private ballot elections work better - there is a whole union-busting industry out there, and I fear that adding more pages of regulations won't stop them - they will just find ways to game that system, to.
So - card check is fine by me.
Got anything to back that up?
Not true.
That is untrue. "Card check," if defined as the process of gathering 50% + 1 of the workers' signatures can NOT be used to decertify a union, and Democrats in Congress have made sure of it.
http://republicans.edlabor.house.gov/PRArticle.aspx?NewsID=64
Force workers into unions? Yes, if I'm in the 49% who didn't sign a card I suddenly have to pay dues to organization who I never voted to allow to represent me or spend my money on my behalf. Sounds forced to me.
Update your talking point
That link is dated Feb 2007. In Sept 2007 the Bush appointees to the NLRB issued a ruling that allows unions to be decertified by card check. Google Wurtland Nursing.
And as for:
So, what percentage do you think is fair? Is there some point less than 100% of the employees where you think it would be OK to let them go ahead and form their union?
Nothing is fair about creating or not creating a union
If you create a union it screws every person who didn't want one and every new employee who joins that company. If you don't create one it screws people who want one. Nothing is perfect.
Even if you could create a grandftather clause that once a union is created if you didn't vote for it you could opt out. But than it wouldn't be secret voting and there would be valid concerns that the company would punish people who helped create the union or reward the ones that tried to stop a union from being created.