Editorial Employee Free Choice Act opens the door to coercion

Monday, March 12, 2007

House Democrats last week passed a bill that supporters say would make it easier for employees to unionize.

But by lowering the bar to unionization, the "Employee Free Choice Act" could actually undermine members' bargaining position, especially during the all-important initial contract negotiations.

The bill would do away with the secret ballot required by the National Labor Relations Board when voting to unionize. Instead, businesses would be forced to recognize a bargaining unit if and when a majority of workers approve by either signing union cards or inking a petition.

What's the problem with that? There are two, actually.

The first is that it's an invitation to coercion. Many unions are solely interested in the welfare of their members. But bigger unions can develop a mind-set that favors opportunities for growth. Because more members and more locals mean more bargaining power, there's the risk of coercing workers to boost signups.

The current system protects individual choice with the secret ballot: No one but the employee knows how he or she voted.

The other way a secret ballot helps unions is it forces organizers to try to convince the maximum number of employees of the benefits of membership.

The difference between having the support of half the membership plus one and having 90 percent support can be significant during contract talks. And that first contract is the one that sets the floor for later agreements.

Republican leaders in the Senate have vowed to filibuster the bill. President Bush has promised to veto it.

This won't please big unions, but it might help keep them effective.