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Secret Ballot Watch

Replacing One Bad Idea With Another? That’s No Compromise

WASHINGTON, D.C., September 2, 2009 | Alexa Marrero ((202) 225-4527)
There’s more than one reason to oppose the Employee Free Choice Act.

There’s its notorious ability to set aside secret ballots for workers through “card check,” of course. But there are other aspects of the bill – and of supposed “compromises” that drop the “card check” provision and replace it with other misguided changes to workplaces rules – that are equally troubling.

In an essay for The News & Advance of Lynchburg, Va., businessman Ben J. Davenport notes that a possible compromise version is not much of an improvement from the original:  


“To further limit employer’s freedom of speech, another provision of the so-called ‘compromise’ would prohibit companies from having mandatory meetings with employees on company property and company time. But amazingly, under the compromise proposal unions want access to company property to give them time to campaign with employees.

“Under the current system the company can present its side of the story while employees are at work.  However, the union has the right to approach workers outside the workplace — homes, parking lots, just about anywhere — to make their case.

“Communication is balanced because the company cannot approach employees outside the workplace. So while it seems on the surface that giving unions access to employees on company property would ‘level the playing field,’ it would actually give unions a decided advantage. …

“We need to encourage our congressional representatives to reject unreasonable compromises with regard to the Employee Free Choice Act so that businesses may continue to freely communicate with their employees and to operate without unnecessary governmental interference.”

Davenport, “‘Card check’ remains a threat to U.S. businesses,” The News & Advance (Lynchburg, Va.), 08.23.09  


Protecting the secret ballot for workers is important. But as Davenport points out, it’s also important to protect the free speech rights of employers. Either way, the Employee Free Choice Act, even in a compromise form, is terrible legislation and needs to be defeated.

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