Congress considers changes to nation's union laws

On Feb. 5 Congress began consideration of the Employee Free Choice Act (HR 800), a bill crafted to alter the way unions are formed, and contracts are negotiated. If passed the bill would represent the most significant change to the workings of the unionization process since the Taft-Hartley Act became law in 1947. The bill, introduced by Rep. George Miller (D-CA) is co-sponsored by 230 members of Congress, over half of the body. "The current process for forming unions is badly broken and so skewed in favor of those who oppose unions, that workers must literally risk their jobs in order form a union," said Miller on the House floor. "One way to help the middle class is to provide them with a fair opportunity to organize and join unions, so they can have a say in what goes on in the workplace." The bill would allow employees to form unions by a majority of workers signing cards of union membership, doing away with the secrete ballot system that many say lead employers to harass, intimidate and fire workers who are attempting to unionize. The bill would also increase fines for employers who engage in such tactics. It establishes a third-party mediation process when employers and employees can't agree on a first contract giving both sides 90 days to reach agreement. The legislation comes at a time when many union leaders say the process of forming a union favors employers trying to keep unions out of their companies. "The current system is broken," insists James P. Hoffa, President of the Teamsters, the nations largest union. "Workers, after expressing their desire to form a union, usually endure nasty, bruising and lawyer-dominated elections, as the employer fights to block its employees' choice." Of US workers who do not belong to a union 60 million say they would join a union if given the opportunity. The University of Illinois at Chicago's Center for Urban Economic Development examined employer resistance to unions in a December 2005 study. The study found that 30 percent of employers fire pro-union workers; 49 percent of employers threaten to close a worksite when workers try to unionize; 82 percent of employers hire union-busting consultants to fight organizing drives; and 91 percent of employers force employees to attend anti-union meetings one-on-one with supervisors. Of employees that are successful in organizing a new union, a third are not able to reach a contract agreement with their company. "Every 23 minutes, a worker is fired, intimidated, coerced or retaliated against simply for supporting a union. In some cases, companies delay recognition when a majority of workers vote for a union and drag out contract negotiations for months or even years," said Edgar Romney of the Change to Win union coalition. Government statistics show that working men and women who have a union today make 30 percent more than workers who don't have a union, and are much more likely to have health insurance and retirement plans. Eight out of ten union workers have job-related health coverage, compared to half of non-union workers and union workers are four times more likely to be guaranteed a pension from their employer. "The best opportunity for working women and men to get ahead economically is by coming together with their co-workers to bargain with their employer for a better life–through a union," said ALF-CIO president John Sweeney at a news conference on Capitol Hill. "The Employee Free Choice Act, a critical piece of legislation... would help restore workers' freedom to form or join unions to bargain for better wages and working conditions." Testifying before the House Subcommittee on Health, Employment, Labor and Pensions on the legislation, Keith Ludlum, who was fired from Smithfield Packing's Tar Heel, North Carolina plant for union advocacy, drew a picture of how employers intimidate workers holding union elections. "On the day of the election, deputy county sheriffs, dressed in battle gear, lined the long driveway leading to the plant. As workers passed the lines of police, they saw company management standing with the head of the sheriff's department. Following the vote count on the final day of balloting, company personnel stormed the counting area and in the resulting confrontation, two union supporters were beaten and arrested by the company's security officers," said Ludlum. Ludlum was recently reinstated to his job by court order, over nine years after being fired for union organizing. Smithfield workers have been trying to form a union with the United Food and Commercial Workers for over 12 years. The National Restaurant Association, representing the restaurant industry, which employs 12.8 million workers; The American Hotel and Lodging Association; and The National Retail Federation employing 24 million US workers (one in five), all have lodged strong opposition to the bill. These industry groups represent key areas where unions are organizing to expand representation.