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NLRB May Hobble Union Organizing

June 24, 2004

A crucial avenue for workers to gain a voice on the job could soon be blocked by the National Labor Relations Board.

Card check recognition, a long used method of gaining union representation without a secret-ballot election, is in jeopardy following a June 7 NLRB decision to review so-called voluntary recognition. Through this process, companies agree to recognize a union that has collected signature cards from a majority of workers indicating their desire to join a union. This process saves time, money and the bitter feelings often generated during a full-blown organizing campaign.

"The right of Americas workers to organize has already been drastically eroded," said IBEW International President Edwin D. Hill. "The fact that this administration is trying to shut down the one successful route to joining a union speaks volumes about its low regard for workers."

The NLRBs 3-2 decision to review card-check came as a result of two petitions brought by the National Right to Work Legal Defense Foundation, which is seeking to decertify card check recognition of the United Auto Workers at auto parts factories in Ohio and Pennsylvania.

"Although no party here challenges the legality of voluntary recognition," the NLRB majority opinion said, "the fact remains that the secret ballot election remains the best method for determining whether employees desire union representation."

The majority opinion was decided by the three members who were appointed by George W. Bush. The two dissenting members called their colleagues decision to review card-check "a radical change in the law" that "has stood the test of time."

"To revisit it serves no purpose but to undermine a principle that has been endorsed time and again by the Board and the courts," the NLRB minority opinion said.

David Bonior, chair of Americans Rights at Work was dismayed by the opinion. "Workers who want a voice on the job need more protection, not less," he said. "By changing the law, the NLRB could further inhibit workers from exercising their freedom of association."

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