Who Workers Really Fear

Over at TAPPED, Ezra Klein digs up numbers to compare the intimidation, coercion, and pressure that workers experience during an NLRB union election versus in a card-check campaign -- wherein 50% plus one of workers sign a card that says they want the union to act as their collective bargaining representative. Getting card check is of the main goals of the Employee Free Choice Act, right now the topic of fiery debate in DC. American Rights at Work, Rutgers University, and two Jesuit Wheeling University professors surveyed 430 workers (pdf) who had gone through both union elections and card check. Remember, even today, employers can consent to card check. Some very big companies, too, have unionized this way, Cingular and Kaiser Permanente among them.

The main argument in favor of card check is that employees avoid pressure from anti-union employers. But the counter argument is, naturally, that we're trading employer harassment for intimidation at the hands of a union organizer.

So what did they find about re: intimidation, coercion, and pressure in NLRB elections vs. card check campaigns?

Well, the important caveat that pressure from your boss -- the folks who pay your mortgage and for your kids' lunches -- is qualitatively different than been goaded by union organizers. With that in mind, four times as many workers (22%) reported that management coerced them “a great deal" as opposed those who said the same about the union (6%). While 46% of workers who went through elections complained of management pressure, 14% of those who went through a card check campaign complained of union pressure. At 17% vs. 22%, fewer employees in card check campaigns felt pressure from coworkers to support the union than they did in elections. Fewer than one in twenty -- 4.6% -- workers who signed a card with a union organizer watching reported that the felt pressured from the organizer.

Listen, the specter of union bullying is probably one that those pushing for the resurrection of the labor movement are gonna have to deal with. I'd guess that there are many otherwise liberal-minded Americans who hold negative feelings towards unions -- either because they lived through the Hoffa years, had someone they know have a run-in with a corrupt or poorly-run local, or because they just see all the bad and little of the good of unions.

And all that thinking plays in nicely to the elections are sacred meme that the U.S. Chamber of Commerce and its allies are pushing hard as the Employee Free Choice Act nears a vote in the House. (It's looking like it might even come up for a vote next week.) Numbers be damned, their rhetoric revolves around this idea that if we do away with secret ballot elections, employees are going to be coerced and otherwise manipulated by labor forces. But if the Chamber et al are being honest, they have to cop to a strain of thinking among their allies voice by former Chamber economist and speechwriter Grover Norquist, who says its his dream to "crush labor as a political entity.”

The Chamber doesn't like the labor movement, and some business owners don't like unions. So much that they will resist them for years and years. And with card-check, we're talking about union drives that can be over and done with in two to four weeks. Compare that to the drive to unionize nurses, housekeepers, and other hospital workers out in Chicago that I highlighted a couple of weeks ago that is now in its fourth year, with no end in sight. (AFSCME organizers there told tale of an organizing drive of R.J. Reynolds employees that's been going on for something like 20 years, but I haven't tried to verify that.)

(Disclosure: I'm working with the AFL-CIO on the legislative push around the Employee Free Choice Act.)



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good reading (none / 0)

Forgot to mention, Joe Conason has a good piece in Salon today on Employee Free Choice.
by Nancy Scola on Fri Feb 23, 2007 at 03:28:34 PM EST

Plus There's The Weekend (none / 0)

Listen, the specter of union bullying is probably one that those pushing for the resurrection of the labor movement are gonna have to deal with. I'd guess that there are many otherwise liberal-minded Americans who hold negative feelings towards unions -- either because they lived through the Hoffa years, had someone they know have a run-in with a corrupt or poorly-run local, or because they just see all the bad and little of the good of unions.
No work from Friday afternoon till Monday morning?

Just more time to get into trouble.

Who needs that?


by Paul Rosenberg on Fri Feb 23, 2007 at 03:45:44 PM EST

Re: Who Workers Really Fear (3.00 / 1)

In Canada  unions traditionally would be certified by card check alone.  The right wing has been attacking this traditions for years under the guise of "democracy".  The real reason for this preference can be found by examining the records for new certifications in B.C. In 2000 under the card check system there were 263 certifications granted covering over 10,000 employees.  In 2002 after the right wing government changed to "secret ballot" elections the number was reduced to 88 certifications and about 2000 employees.


by Bob Smith on Fri Feb 23, 2007 at 05:08:51 PM EST

Re: Who Workers Really Fear (none / 0)

Technically speaking, it's a provincial thing.  I'm organizing in Ontario, and that's a regular election.


by FSpider on Sat Feb 24, 2007 at 11:06:31 AM EST
[ Parent ]

Re: Who Workers Really Fear (none / 0)

I'd love to learn more about organizing in Canada where, as far as I know, both card check and elections are regularly used. Can either of you point me to some good resources? I've done a bit of digging but have largely come up empty so far.
by Nancy Scola on Sat Feb 24, 2007 at 11:25:05 AM EST
[ Parent ]

Re: Who Workers Really Fear (none / 0)

If the Employee Free Choice Act fails in the Senate or is vetoed (as seems likely), it might be interesting to go after a more modest reform that might help.

I did some union organizing in Canada (mostly Ontario with a brief stint in Nova Scotia), and union elections there are still much easier to win.  For one thing, there elections take place within 5 business days, leaving the employer little time to identify the leaders/activists and retaliate.  

By contrast, elections in the US often take place months after the initial filing, giving the employer all that time to fire or intimidate the main union proponents in the workforce.  This can suck the wind out of any election.  

A five day election would be a simple reform that is much harder to paint as anti-democratic, it seems to me.  It gets unions out of the "frame" of being anti-democratic thugs.  


by grassy on Fri Feb 23, 2007 at 05:28:44 PM EST

Re: Who Workers Really Fear (none / 0)

wow, the power of internalized self hatred! nancy, it's hard to believe that youare working FOR the labor fed. when you refer to " your boss -- the folks who pay your mortgage and for your kids' lunches." Last I looked I pay my mortage and for my kids' lunches, with wages I have earned for the work that keeps the boss' business running and him/her/it in excess profits.

this is another zinger:
'Listen, the specter of union bullying... I'd guess that there are many otherwise liberal-minded Americans who hold negative feelings towards unions -- either because they lived through the Hoffa years, had someone they know have a run-in with a corrupt or poorly-run local, or because they just see all the bad and little of the good of unions.'

Or maybe they've just lived through some of the past 100 years of antiunion propaganda, which sounds a lot like what you wrote! Hoffa got the uniform contract in place, which led to his constant re-election despite his corruption and strong-arm tactics. Just like other businessmen and sports stars get insane wages without causing a revolution. They don't give as good value for money as he did, I am guessing.

With friends like these...

i confess. I am a union member. I think my union is weak, but without it we'd probably have no job protections and few raises.


by brooklyngal on Sat Feb 24, 2007 at 12:37:26 AM EST

Re: Who Workers Really Fear (none / 0)

If the Employee Free Choice Act fails in the Senate or is vetoed (as seems likely), it might be interesting to go after a more modest reform that might help.

I disagree. I will tell you why. This would be like settling for something that is less than what you might even want to comprimise for. Also it is better to pass through this stronger measure showing that the Democratic party is working for the middle class and have the republics shoot it down for all the working men and women in the country to see. Do this enough and it becomes clear who has the voters needs at heart.


by Steambomb on Sat Feb 24, 2007 at 02:34:19 AM EST

Re: Who Workers Really Fear (none / 0)

I'm all for the Employee Free Choice Act and believe that its true that employers are more likely to intimidate workers during ballot elections rather than through card check.

I just want to point out about something about the data that's used in this study to support this.

Because card check is not mandated by law, employers get to determine whether there will be an election or card check, because they can refuse to recognize card checks. Employers who are more anti-union and more likely to intimidate workers are probably also more likely to refuse to recognize card check results, if only because its another way to intimidate workers and refuse to recognize a union. (I can't think of a reason offhand that the results for union intimidation would change, though there could be one).

This means that the differences in employer intimidation between card check and elections is  somewhat exaggerated in the study. However, it also probably means that the disparity between union and employer intimidation within card check elections is a lower-bound; if the rules were changed to require employers to recognize card check, there would be more employer intimidation in card check elections as more anti-union, pro-worker-intimidation employers would be forced into the card check group.

However, I agree that union and employer intimidation are qualitatively different things (however you phrase it, employers do have power over their workers that other employees don't have), so even if there were no quantitative disparity, a disparity would still exist (but would make arguments a bit more difficult on our side).  
 


by taraleigh on Sat Feb 24, 2007 at 02:46:34 AM EST

Re: Who Workers Really Fear (3.00 / 1)

I am a Teamster business agent in Georgia.I represent sanitation workers at four worksites that went through hell to get a union contract.Some of them told their story yesterday at a press conference for the free choice act with John Lewis. To give an example of the obsurdity of the current law of the land, these workers were denied recognition for over a year at two out of four worksites(they won the election at all four) during the election process because the company appealed the election saying that the union had printed a picture of an anti-union worker saying he supported the union. The workers at these two worksites were harassed constantly by the boss and the number of union supporters was wittled down through "encoraged attrition" while my union negotiated a first contract at two other worksites where the company was busy firing union supporters also. The whole process took over a year and a half before any of these workers got to enjoy the fruits of their struggle, and we had to threaten large scale multi-city work stoppages to get that.


by GeorgiaTeamster on Sat Feb 24, 2007 at 11:52:42 AM EST


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