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The Zombie Act That Will Not Die

Thursday, 28 July 2011 08:36 AM Current | Bio | Archive

It’s commonly referred to as "Card Check" and officially known as “The Employee Free Choice Act,” but should be called the “Zombie Act” because it fails to stay dead.

This ill-advised ploy by the nation’s unions to stack the deck to force more companies to accept union representation is not only a Zombie Act but a Death Act because it will kill thousands of American jobs in scores of companies already hard-pressed to pay fair wages and benefits for current employees.

Every time Congress moves against Card Check, those in the Obama administration looking to curry favor with unions for votes, allow it to get back on the docket. And once more it has risen from the dead. A new commission hearing is set to take up this horrible piece of legislation again with a membership that is so partisan it’s hard to believe such chicanery is condoned in a democracy.

How can this happen when less than eight percent of the American work force belongs to labor unions? The finger gets pointed to the National Labor Relations Board (NLRB), whose five members and general counsel is dominated by Obama appointees that never met a pro-union initiative they didn’t like.

Although the NLRB is supposed to be an “independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices,” it is clearly in the back pocket of Democrats.

As the current Zombie Act rule stands, there is a median 38 days between when a union files to hold an organizing election and when ballots are cast. The new ruling seeks to cut this time to as little as 10 days. Businesses rightfully argue that this doesn’t give them the time they need to present their vision and position to employees. This is considered by many to be the most significant change in labor policy in decades which can only be possible with an NLRB that operates as if it is part of the Obama cabinet.

The most onerous part of the Zombie Act is that during a union election it forces workers to sign a card in public instead of voting in private.

The private ballot is one of the most fundamental and enduring characteristics of our democracy. Supporters of the Zombie Act, including this administration, want to do away with the private ballot because they have figured out the only way for increasing union membership is through intimidation and coercion.

Under the newly proposed Zombie Act, if more than 50 percent of the employees at a facility sign a card, the government would have to certify the union, and a private ballot election would be prohibited — even if workers want one.

The magic spell that has brought the Zombie Act back to life is partly spurred by a questionable study from researchers at Cornell and Columbia universities that concluded employers commit unfair labor practices in 40 percent of elections and that 47 percent of the serious allegations are reported before a petition for an election is filed.

Unions helped to fund these studies!

Business groups are attacking the study’s findings by questioning the researchers' neutrality and methodology, and say the fact that unions already win 64 percent of NLRB-run elections is proof that labor isn't suffering under current rules.

Where is the outrage? Why aren’t Republicans attacking this hearing and loudly proclaiming their support for American businesses? After all, the very essence of our democracy is being trampled while the Obama administration and its union allies deal another blow to job creation.

Once and for all it is time to let the Zombie Act stay dead.

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It s commonly referred to as Card Check and officially known as The Employee Free Choice Act, but should be called the Zombie Act because it fails to stay dead. This ill-advised ploy by the nation s unions to stack the deck to force more companies to accept union...
Thursday, 28 July 2011 08:36 AM
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