Resolution Opposing “Card Check” and Forced, Compulsory Binding Arbitration
A resolution opposing efforts to amend the National Labor Relations Act of 1935 removing the private election phase of union recognition campaigns and forcing binding arbitration on employers during union negotiations. Existing labor law provides for a two-phase process of union recognition: the signing of authorization cards and a private election overseen by the National Labor Relations Board.
WHEREAS, the right to private elections is the cornerstone of American democracy; and
WHEREAS, private ballot elections are the most democratic way to determine employees’ wishes and guarantee an outcome unaffected by outside pressures; and
WHEREAS, federally supervised elections conducted by the National Labor Relations Board have been the accepted law governing union recognition campaigns for 60 years, providing detailed procedures that ensure a fair election, free of fraud, where employees may cast their vote confidentially without peer pressure or coercion from unions or employers; and
WHEREAS, limiting union recognition to signing authorization cards (“card check”) in the presence of union officials, coworkers and employers does not reflect the unbiased will of employees; and
WHEREAS, in recent years the vast majority of businesses targeted by union organizing campaigns have been small businesses with 50 or fewer employees; and
WHEREAS, small businesses are more likely to be held captive at the will of union organizing efforts as they have less resources for the lengthy legal process of union recognition campaigns; and
WHEREAS, efforts to eliminate private elections are an attack on the free speech rights of business and workers’ individual rights; and
WHEREAS, compulsory binding arbitration, which would force employers to accept the terms of a first contract if the employer and the union cannot agree, is fundamentally unconstitutional, and will dramatically undermine the ability of any employer to negotiate; and
WHEREAS, compulsory arbitration discourages the parties from offering compromises in bargaining for fear that they may prejudice their position in arbitration.
NOW, THEREFORE BE IT RESOLVED, that [insert state here] opposes proposals seeking to eliminate the private election phase of union recognition campaigns and implement compulsory binding arbitration on employers.
BE IT FURTHER RESOLVED that [insert state here] supports democracy in the workplace by maintaining every worker’s right to privately decide whether or not to allow a particular union to represent their interests.
Approved by ALEC Board of Directors on May 2, 2007.
Reapproved by ALEC Board of Directors on January 28, 2013.