|Jottings By An Employer's Lawyer|
Thursday, March 01, 2007
What's At Stake in Today's Vote on the Employee Free Choice Act
To be fair, the Court concluded that they were wrong in feeling that they were ultimately damaged by the failure of the union to follow its constitution, but it is clear that the employees felt differently — enough so to have pursued litigation to a federal court of appeals. And there did not appear to be any dispute that the Union did not follow its own constitution in failing to have the vote.
The point insofar as the EFCA debate goes is the impact on individual employees when a union becomes their legally designated representative. Actions which impact them in their pocket book, can be taken by a majority, and sometimes by a much smaller group as apparent in the case decided today. The selection of the entity with that power, should be based on what is best for employees, not what makes it easier for labor unions.
While there may well be problems with the current system, the abandonment of meaningful secret elections is not the solution. Meaningful is a key word because look for unions to offer a grand compromise in the Senate of allowing secret ballot elections that must be held within a few days of a petition being presented.
What would be nice is to have a considered view of the problems with the system and and a serious revision of the labor laws based on reason, rather than one side imposing a solution because they currently have the political upper hand. Nice, but not likely.