Private ballots are the foundation of our democracy. For decades unions have respected this right when organizing workers. However, the precipitous falloff in union membership has left them scrambling for radical solutions.

Unbelievably, organized labor is pushing a bill that would remove the right of workers to privately decide for themselves if they want to join a union. The perversely-named Employee Free Choice Act is really an attempt by liberals and proponents of big government to remove worker choice from the process.

Private Voting

One of the most fundamental rights in a democracy is the right to a secret ballot. Private and personal voting decisions are the foundation of our country and have been enshrined in every institution from class president to the nation’s president. Having respected this principle for almost a century, unions have now found it to be an obstacle that should be removed. Card check style union organization would remove the right of workers to privately vote for or against unionization. Union organizers would be able to troll through workplaces looking for signatures on cards that become public record. Your boss, coworkers, and neighbors would all know how you voted. Unions were established to protect worker’s rights and offer them representation. But representation without private ballots is nothing more than coercion and control.

Union Pressure

Unions seem intoxicated with the idea of card check because it allows them to see who is not yet onboard with unionizing a specific shop. Those who have not yet applied their signature to the card are often visited at all hours of the day and night. They are pressured both at work and at home by organizers intent on obtaining signatures. Once a worker is pressured into signing, often without hearing both sides of the issue, there is no recourse for them to change their mind. Signatures cannot be removed and without a private ballot no voting measure can overturn the unionization. In some extreme cases injunctions have been brought against union organizers to limit their harassment of workers.

Binding Arbitration

Contained within the language of card check legislation is a provision that triggers binding arbitration if contracts are not reached within 90 days of the union’s formation. This would give unprecedented power to government officials to establish wage levels and working standards within an industry. The ruling made by the arbitrator extends for two years and prohibits companies from negotiating with unions or individual employees. Employers are prohibited from giving performance based wage increases, attractive benefits packages or other employee incentives as long as the arbitration is in place.

Arbitration also threatens free market competitiveness. As companies wait for drawn out hearings to determine what level of back pay they will be liable for, their capital is tied up and their business plans held hostage to the whim of an arbitrator. The free market will more equitably provide the answer to labor issues. Unions and workers are free to organize and leverage their power in the market to ensure proper compensation. However, when an arbitrator removes this option from the employee/employer relationship, the market is distorted beyond repair.