Erin McKee, top boss of the Charleston Labor Council, has written a mind-numbingly ignorant (or intentionally misleading) response to an op-ed which outlines the mass rewriting of federal labor law Big Labor is hoping for after the 2008 election. Several of Boss McKee’s assertions are just downright factually incorrect.
Lie #1:
Mr. Factor points out that [Big] labor’s agenda is to get the Employee Free Choice Act passed, which is true. If a majority of employees have signed cards saying they want a union, it doesn’t end there. They would then be allowed to have a fair election process and not be lied to, harassed and fired.
But as has been pointed out elsewhere, the text of the misnamed EFCA reveals that once union organizers present the signed cards of even the smallest majority of workers in a unit, the National Labor Relations Board "shall not direct an election but shall certify the individual or labor organization as the representative." In other words, card check does effectively eliminate the secret ballot from union certification drives. The less-abusive current election process would be replaced by one-on-one harassment from union goons.
Lie #2:
In a right to work state such as South Carolina, the union is forced to represent everyone in the bargaining unit. This means that everyone benefits, not just those who choose to pay the union dues for the benefits they receive. (If you think this is fair, let’s try running our government this way and see what happens.)
Right to Work laws merely ensure that workers cannot be forced to pay tribute to an unwanted union. Unfortunately, even non members are forced to accept the union’s so-called representation, even when it works against them. It’s illegal for workers to bargain with their employer on their own merits.
Further, federal law doesn’t require that unions represent non-members, they seek and obtain monopoly bargaining status. Plus, as I have previously explained, if union bosses were serious about eliminating the so-called "free rider" problem, they would oppose federal and state monopoly bargaining statutes. They don’t. They want them.
Lie #3:
Mr. Factor also seems to have a problem with the Public Safety Employer-Employee Cooperation Act. He states that public-safety employees would no longer be permitted to bargain individually and could be forced to accept a union’s representation. Do local governments have the manpower to negotiate a bargaining agreement with each employee individually, or would it be more effective if management worked with employees to come up with a wage and benefits package?
Yes, they do actually. Municipalities all over the country do it. (For a good summary of the more-aptly titled Police & Fire Monopoly Bargaining Act, check out this month’s Labor Watch article by Stan Greer of the National Institute for Labor Relations Research.)
Boss McKee’s language in this passage is particularly revealing of Big Labor’s patronizing attitude toward workers. Instead of each employee negotiating with the employer, union cheifs like McKee claim to want "management [to work] with employees to come up with a wage and benefits package." But what exactly is the difference? How is that not what is occurring when individual employees have the opportunity to negotiate directly with the employer? Why should a majority of the employee’s co-workers get to pick the employee’s representation? Even criminal defendants get to pick their own representation!