Masonry Magazine April 2007 Page. 11
The Victory in the House
Despite business and labor groups having lobbied furiously on the issue, the victory in the House may well be the only win this piece of legislation will see. The bill would also establish steps to push employers and unions toward agreement on an initial contract and create penalties for intimidation of employees. Needless to say, this legislation is vehemently opposed by business interests who criticize the provision that would remove the ability of employers to demand a secret-ballot election before a union could be certified. Under current law, an employer may insist on a vote by secret ballot after a majority of employees have signed cards supporting representation by a union. The vote must be taken before a union can be certified as a bargaining agent.
Presently under the current law, once an election date is set, both sides can campaign. However, union representatives maintain this gives employers ample opportunity to intimidate workers into voting against organizing. Supporters of the measure contend that this bill would remove the threat of such intimidation, therefore protecting workers rights. A statement of administration policy released on Feb. 28 stated: "It is a fundamental tenet of democracy that individuals are able to vote their conscience, privately, free from the threat of reprisal. Substituting a 'card check' mechanism for private ballots would turn back the clock 60 years and return us to a failed system."
Other provisions in the bill change the certification process by establishing procedures designed to speed the process of employers and unions reaching a deal on their first contract. The bill would give the employer and the union the option of moving toward mediation on the first contract if they could not agree within 90 days. If mediation did not produce a result after 30 days, the parties would automatically go to arbitration, The Voice of the Masonry Industry with the results binding for two years. Under current law, the sides have a duty to bargain in good faith, but are under no obligation to reach an agreement.
Jessica Johnson Bennett is director of Government Affairs for MCAA. She brings to the Association an extensive background in public affairs and government relations. Her expertise in strategic planning, PAC management and operations help leverage the position of the MCAA on key policy issues that are important to the masonry industry.
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