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Missouri Moves to Make Secret Ballot Required by Law
Promoted. This is an interesting approach to stopping card check, preserving the secret ballot and expanding the authority of States to set their own policy. - Jon Henke
The misnamed Employee Free Choice Act (EFCA) will take away the secret ballot for potential union members and force them to openly declare their preferences for or against a union, causing that worker to be easily open to intimidation by union thugs. This is a law currently in the table in Congress, one that Barack Obama has pledged to push through regardless of how it eliminates one of the oldest democratic rights there is.
But, now Missouri is trying to head off the possible federal enactment of "card check" (the provision that eliminates the secret ballot) by legislating that a secret ballot is protected by state law.
So, the question remains, can a state law supersede a federal law?
After all, if Missouri passes their new Constitutional provision, it will come in direct conflict with the federal EFCA law if that bill gets passed in Washington.
Secret ballots would not only be guaranteed but required by Missouri law under a proposed constitutional amendment pitched yesterday.
State Sen. John Loudon, a Republican from Ballwin and co-chairman of the so-called Save Our Secret Ballot, or S.O.S., initiative in Missouri, filed for a citizen initiative petition that would put the amendment on the 2010 ballot.
Information of the S.O.S. initiative can be seen at the website: http://www.sosballot.org/.
The S.O.S. campaign maintains, in part, that:
There is an option: We can use state laws and state constitutions to create protection for secret ballots even if the federal government refuses to guarantee this right. We benefit from the wisdom of our Founding Fathers, who created a federal system so that states can protect rights even if the national government does not.
Let's give this initiative all the support we can.
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Comments
Interesting Idea
I have no clue if it'll work, but I'm glad to see creative thinking.
Simple answers
So, the question remains, can a state law supersede a federal law?
That would be no.
Also, under EFCA, if 30% of the workers want a secret ballot, they get it.
Next?
Whether 30% or 1%, it's still wrong
Why should democratic rights such as secret ballot elections be subject to the approval of anyone else? Would it be okay if I get my free speech rights only if 30% of my neighbors say so?
And no state law can't supersede federal law but it will set up a court challenge in federal courts should EFCA pass in Congress. Which will of course end at SCOTUS. That's the real goal.
It takes 30% right now
under current law to get the secret ballot. If you want a secret ballot election at your workplace, you can't just have because you want it. 30% or more of your co-workers have to join you in petitioning for the NLRB to come in and supervise the election.
It would help if you knew what you were talking about before you start hyperventilating about your rights being taken away.
My thought
My thought is that if enough states do it, even if it cannot be enforced, eventually it will change the federal law because of the pressure.
It's called the Supremacy Clause.
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
winning the referendum still matters
a) It would place federal judges in the uncomfortable position of trying to second guess the wisdom of the electorate if Card Check passed and they had to rule on a court challenge to the MO law
b) If this passes before Card Check is enacted at least one senator (McCaskill) will bail for political expediency, and she will probably not be alone.
BTW, some liberals have been loudly proclaiming "state's rights" during the Bush years http://www.cpbi.org/local/special/OTR/htdocs/transcripts_det.asp It will be interesting to see them switch sides now that they are running the federal government.
A reasonable argument could also be made that pursuant to U.S. v. Morrison the commerce clause power to regulate labor regulations is not superior to the state's interests in protecting the free association rights of its citizens; as well as its police powers in protecting its citizens from violence and coercion.
a compromise, neutral election location
Pro labor people point out the adavantages employers have in defeating union organizing drives. They have the right to require workers to attend long "information" sessions run by management. The so called "secret ballot elections are held at the workplace under employer observation.
They sometimes offer a compromise: secret ballots at a neutral location unobserved by the employer. Would you accept that?
Don't compromise on this
Yes the secret ballot election takes place at the workplace. But the employer bears the burden that the election is actually run by the book. And union partisans watch the entire process like hawks. If they don't get the result that they want, the election goes to court automatically. Unions have large legal funds for this very purpose.
And we conservatives should remember the real reason why EFCA is even being discussed at all: it is political payback from the Dems to the unions, because unions are the rank-and-file activists for the Dems. We should not assist, aid nor abet the political quid-pro-quo that's going on here.
compromise is good.
so long as the employers are banned from the whole "we'll fire you if you go union" shtick, I'd be in favor of this. But try asking the South to compromise on their low labor standards...
There's a reason Walmart don't operate in Europe.
Fine, so employers can stop
Fine, so employers can stop threatening to fire people if the workplace is organized, but only if union organizers stop lying and threatening that workers will be crushed under the bootheel of oppressive management if the workplace isn't organized. Oh and guess what, unionization does raise the cost of doing business, so it's not exactly an idle threat that people do tend to lose their jobs initially once a workplace is organized.
Henry Ford seemed to think that by paying his workers more
he was creating more of a market for his product. History has proved him right, in that respect at any rate.
It's already illegal for unions to intimidate folks -- and I think most people are quite capable of understanding exactly how good their situation is at any given time. Fearmongering about the devil you know works much less well than about the devil you don't.
Naturally unionization raises the cost of doing business, but it also makes the business itself more effective (through more sick days leading to less loss of trained employees, and other benefits that entice workers to stay). Thing is, just having a union as competition raises prices of workers too. So trying to block unions from a particular place does no good.
Corporations are by their nature accountable only to stock holders, who are in the main not interested in morality, but in gaining more money. We've seen how they try to blaim Carter's Community Reinvestment act, when the people who got mortgages under that program were much less likely to default than the speculators (or other middle class families in the burbs).
a state law requiring secret ballot is a terrific idea
they should rerquire all nonunion employers to provide an opportunity for their employees to vote on joining a union once each year. I'd love a chance to vote yes to a union in my place of employment.
Then organize a vote
and if you get 50%+1 of your coworkers to agree, then congratulations you're a union shop. But it should be after the arguments pro and con have been fairly discussed. EFCA circumvents the whole democratic discussion and lets the union campaign take place in stealth with only the pro-union side getting to have their arguments heard.
chemjeff,
that ain't how the fucking law works NOW, ya yutz. Now, it's 50% of the voting folk, not of the workplace.
Cardcheck is 50% of the workplace entirely, which means a higher burden of proof.
Pedantry isn't a sophisticated argument
Turnout for these sorts of elections tends to be quite high so the standard is only marginally higher. And it's not 50% of the entire workplace, but 50% of the bargaining unit, which is defined by the union organizers. So the union can cherry-pick (to a degree) who is in the union and who is not.
point made. but the law currently allows for card check
just as much as it allows for secret ballot.
The minor point the Dems want to change is that it should be the employees, not the employer, who choses which way to do it. NOT the union.
The truth behind union campaigns
I've had some recent experience with union organizing campaigns. My place of employment was organized in 2003 and we are now a closed union shop. Here is how the campaign actually took place. The preliminary work to get the workplace unionized - contacting professional union organizers, assessing support, creating the structure of a local union - all took place in secret among a small group of very committed people. It started a full 2 years before the actual public campaign took place. The only reason there was any public campaign at all was because there had to be a secret ballot election. After all if your goal is to start a union at any cost why would you make your intentions publicly known? All that does is tip off your employer to what's going on. So if you didn't have to wage a public campaign, all you'd have to do is contact enough of your coworkers, in private, secretly, until you have 50%+1 support. And especially in smaller workplaces, you have a pretty good idea ahead of time who is likely to support you and who is not, so you just ignore those in the latter category. And in your surreptitious campaign to persuade people, you don't have to provide accurate information; throw out all the wild and crazy claims that you want, as long as they are at least a little bit believable. For instance, in my workplace example, the union organizers made claims that management assigned merit bonuses on the basis of personal friendship rather than on actual merit, and that an organized workplace would make it all "fairer". (Turned out that what they meant by "fairer" was "eliminate merit bonuses entirely", but that's another story.) This claim sounds believable especially if you already have a cynical view towards management to begin with. However it was only through the public campaign that this claim was disproved, when management published the actual statistics of who got merit bonuses - surprise surprise, the union organizers cherry-picked their facts to support their agenda. This is the kind of abuse that WILL take place if EFCA becomes law.
So it's really really important to have a public campaign to decide whether or not to have a unionized workplace because it is only through a public campaign that both sides' claims can be evaluated, openly, by the workers themselves, and both sides have the opportunity to respond to inaccurate claims leveled by the other side. If there's no public campaign then the union organizers will run the whole thing in secret. It's the exact same rationale for why we have public campaigns to decide who's going to be president or senator or city dogcatcher or whatever.
sounds fair enough.
can we just make sure the whole thing occurs off company time? (and is accurate? let's say that both sides are quoting the 'stupids' on the other side for arguments that their side is better)
I don't think it's fair to drop a union on the management's head, in three seconds flat. Pardon, but if you're trying to figure out what to do, businesses need some time to adjust
But published studies show that about 25% of businesses refuse to play ball with union organization through illegal practices. And these businesses do not get punished.
Beyond that
We all know how the cards will be signed. Incessant phone calls to the families of non-signers, "informational" visits in the driveway when you get home; peer pressure in the parking lot after the end of the shift.
The secret ballot exists for a purpose. That purpose is a hindrance to expanding the supply of dues paying members. So, screw privacy rights. Screw democracy. We need the dues money.
Spot on
"Screw democracy. We need the dues money. "
That is EXACTLY it!
will you vote and call your senators
to remove the employers right to request card check?
Luv ya, babe.