UNION AUTHORIZATION CARDS: LOTS OF PUBLICITY, BUT NO CHANGE FOR THE PRIVATE SECTOR

Despite much recent legislative activity, the law regarding “card checks” and union recognition remains the same. An employer has no obligation to recognize a union based on authorization cards signed by its employees. If an employer refuses to recognize a union the union can petition the National Labor Relations Board for a secret ballot election if it has the support of 30% of the employees, evidenced by signed union authorization cards.

The U.S. House of Representatives recently passed a bill, H.R. 800, which would mandate the NLRB to certify a union based on authorization cards signed by a majority of the employees in the bargaining unit and not order an election. That bill, despite much publicity, is not law nor is it likely to become law. If brought to the floor of the Senate a filibuster is likely, and President Bush has vowed to veto the bill if passed by the Senate.

You may have heard that the Oregon House of Representatives passed a similar bill, House Bill 2891. That bill, however, would apply only to the state and other public employers. The bill would require the Employment Relations Board to certify a labor organization based on a majority of signed cards. The bill is awaiting consideration by the Senate Commerce Committee.

We will update you on any further developments in the card check legislation. Until then, employers may refuse to bargain with a union, even if claiming majority support by signed authorization cards.

OUR ADVICE:
What do you do if a union comes knocking and says it has cards signed by a majority of your employees and wants you to recognize and bargain with the union? Don't look at the cards. Don't acknowledge that the union has majority support. Don't agree to bargain. Tell the union to go to the Board and file for an election.

View this as a dress rehearsal if a Democrat wins the White House. This bill is by far organized labor's top priority and the Dems are beholden to labor for their current majority in Congress. Given this advance warning, this might be a good time to “check" in your workforce and consider an education (or re-education) program about union organizational tactics and potential consequences of signing an authorization card.

If you have any questions about this law, please contact us. 

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Disclaimer: The materials contained in this advisory are for informational purposes only. Nothing in this advisory should be construed as legal advice or opinion. It is important that you consult an experienced attorney concerning your particular factual situation. Do not rely solely on this information.