In 2007, National Right to Work Foundation attorneys persuaded the National Labor Relations Board to establish new rights for workers through the landmark Dana/Metaldyne decision. The ruling empowered workers to call a vote to kick out an unwanted union during a 45-day window period following a successful "card check" organizing drive.
The ruling was a rebuke of union organizers and their coercive tactics, as the National Labor Relations Board (NLRB) acknowledged the abuses, and determined that employees needed a way to challenge the imposition of a union workplace monopoly via card check by obtaining a secret ballot decertification election.
Prior to the Obama Administration, the NLRB maintained an online database of all card check recognitions and any subsequent union decertification elections. The NLRB, however, stopped updating this information last spring. Foundation attorneys recently demanded the NLRB to update the database regularly, and NLRB Chairman Wilma Liebman responded last week. Although she blamed the General Counsel’s office for the neglect, she stated the agency would post new information monthly going forward.
While this information doesn’t prevent coercive card check organizing on the job – an increasingly common union tactic even without passage of the pending EFCA legislation in Congress – it does help the public see how widely used this abusive union organizing actually is… and which companies have blocked their employees’ access to secret balloting.
Perhaps even more importantly, this data reveals the nasty little fact that card check signing does not represent employees’ true wishes. For in many cases, the very union bosses who came in through card check were sent packing — only days later — after employees obtained a secret ballot vote.
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in more than 250 cases nationwide per year.