|Jottings By An Employer's Lawyer|
Thursday, March 25, 2010
Tired of Card Check, Rapid Elections? Harv Prof Offers a Different Approach
His two proposed solutions would keep secret ballots, but would both require a process of continuous voting that would be conducted without the employer explicitly being told that an election was in process.
While, those ideas are radically different from the current method, if you pose and answer the "central question" as Professor Sachs does, they do follow.
And although there could be much interesting discussion about those suggestions, Professor Sachs, may really, intentionally or not, have raised the real elephant in the room:
What is the policy of the United States with respect to unionization of the work place?Some would argue that the policy is clearly articulated in §151(d) of the National Labor Relations Act :
In other words, a pro-union position. But, I think many would be surprised to hear that was the official U.S. policy, and would believe, if it were in fact true, that the real question should be:
What should the policy of the United States be with respect to unionization of the workplace?Is the answer the same as when the Wagner Act was adopted in 1935, or even when it was modified by the Taft-Hartley Act of 1947?
EFCA, although discussed in terms of procedure, is really just the most recent proxy fight about that basic question.
For me, the next question becomes: Is it time to address that issue squarely?
In this era when there seems to so little hope of consensus on any controversial issue, it does not seem that it would be particularly helpful.
Still, just because it is a difficult question, does not mean that it does not exist.