Human rights rallies to call for recognition of workers' voice

(Rochester Business Journal)

International Human Rights Day is on December 10^th each year.  As part of this important commemoration, the American Labor movement will mobilize nationwide to demand that a worker’s fundamental right to a voice at work is recognized socially and legally.   At town hall meetings, rallies, teach ins and candlelight vigils across the United States, workers both union and non-union alike will shine the bright light of day on the obstacles placed on union organizing drives by employers and unscrupulous “Union avoidance” attorneys

Back in 1948 the United Nations made a universal declaration of Human Rights, intended to apply to every person everywhere.    International Human Rights Day is a celebration and commemoration of that declaration.  Part of that declaration included the right of all workers across the globe  to join unions and bargain collectively at work

Thirteen years earlier, the  United States government recognized those rights by enacting the  National Labor Relations Act. Today,  many workers say those rights are a dream that exists only on paper. While workers have the legal right to join unions and negotiate collectively for better pay, safety standards and benefits, employers have skirted organizing drives by blocking organizing efforts through intimidation, coercion and outright threats. 

Frequently when workers try to exercise their right to form a union they find themselves engaged in process that includes captive audience meetings where workers are told they don’t need a union, where employers temporarily “fix” whatever problems encouraged workers to unionize in the first place, and where workers are forced to listen to “captive audience” lectures about how bad unions are for society. 

These tactics, implemented by employers and their hired consultants are meant to discourage workers from excercizing their rights and the tactics are incredibly effective.  The law that was originally intended to protect these rights does not enforce itself effectively and is frequently a source of lengthy delays in the process of forming a collective bargaining unit.

Yes, the law exists – but it fails completely to protect workers it was once meant to include.  Denial of the freedom to form a union has a costly price tag.  As union density has declined over the last 25 years, so too have the value of workers wages and the security of their benefits.  The ever widening gap in wealth distribution, a weakened social safety net , the overall reduction on political participation and the gross overgrowth of corporate power have eroded our schools, our communities and our national economy.

Over the last several years the AFL-CIO has been working with a bipartisan coalition to strengthen legal protections for workers freedom to organize a union by creating the  historic Employee Free Choice Act. This legislation was introduced into Congress in April 2005 as S. 842 and H.R. 1696.  It  would require employers to recognize a union after a majority of workers signs cards authorizing union representation. It also would provide for mediation and arbitration of first-contract disputes and authorize stronger penalties for violation of the law when workers seek to form a union.

A process of democratic card-checking is the best way to account for the true wishes of workers.  With card-check procedures in place, employers can only recognize a union if a majority of workers have signed written authorization forms as proof of their desire to exercise their right to bargain collectively.  . 

Card check recognition helps to avoid anti-democratic employer strategies by including the National Labor Relations Board in the election process.  Imagine if local political parties were permitted inside polling places on election day to heckle you  or intimidate you into voting for their candidate.  Such is the nature of a union election. Employers and managers are right there in the room, watching you drop your ballot in the box.  The NLRB election process makes matters worse by making it possible for management to engage in lengthy anti union campaigns.  While it remains illegal for employers to harass, intimidate, threaten or fire workers who want to join a union, it happens all the time.  The legal process for correcting the situation is so slow, justice is denied by being grossly delayed.

After an organizing campaign workers frequently fail to get union representation because election procedures are so easily corrupted.  Management uses NLRB rules to stretch out the process and frustrate workers into giving up.  Management has almost unlimited and mandatory access to employees, while union supporters have little to none. 

Using the card check process, employers and workers can form healthy relationships and can benefit society as a whole.  It’s funny that even labor’s most strident critics agree that employees are much more able to engage in the process of forming a union under card check procedures than under the NLRB election process. 

When Unions are strong, workers earn higher wages and have more purchasing power.  Families are stronger and have more resources.  Everyone gets better healthcare and greater access to retirement benefits.  Poverty rates are lower and voter turnout is higher. 

The Employee Free Choice Act is an important step toward becoming the democracy our nation claims to be.  It is time for Congress to uphold the promise of freedom made generations ago under the Universal Declaration of Human Rights and the National Labor Relations Act.