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About Northwest labor press. (Portland , Ore.) 1987-current | View Entire Issue (June 19, 2009)
JUNE 19, 2009:NWLP 6/16/09 10:05 AM Page 6 Oregon ‘card-check’ law hasn’t opened floodgate to unionizing By DON McINTOSH Associate Editor It’s been two years since the Oregon Legislature passed a law giving public employees the ability to unionize by “card-check,” and in that time only 110 workers — at six workplaces — have joined a union through that method. The largest of those is Klamath Community College in Klamath Falls, where last month cards were turned in for a group of 70 workers to become members of Oregon Education Association. Card-check is an alternative to the conventional elections that are held to determine whether workers want to unionize. In card-check, a union is cer- tified if a majority of workers sign cards saying they want it. Four other workplaces, totaling 66 workers, would have unionized via card- check, except that a provision in the law forces an election if 30 percent of work- ers sign a petition requesting one. The pro-union majority held together in three out of those four elections. In the fourth, pro-union office workers at Columbia Peoples Utility District lost by a single vote a bid for their unit of 20 to join Electrical Workers Local 125; a worker who opposed the union was able to get several anti-union workers added to the defined bargaining unit, and that tipped the balance. Finally, one other unit of four work- ers would have unionized by card- check, but the employer, Crooked River Ranch Fire Department in Terrebonne, agreed to recognize the union voluntar- ily before the Oregon Employment Re- lations Board verified cards. That’s not much result for a hard- fought law that failed the first two times it was introduced in the Oregon Legis- lature. Card-check for public employ- ees was considered a top legislative achievement for labor in 2007. “We were given the impression the floodgates were going to open,” said elections coordinator Sandra Elliot, who certifies public employees unions for the Oregon Employment Relations Board. “They didn’t.” Danica Finley, organizing director at Service Employees Local 503, said card-check is good policy, even though her union hasn’t yet used it to certify regular public employees. Local 503 did use a card-check process to become bargaining agent for about 4,000 child care providers and 3,500 adult foster home providers. But Finley thinks among state employees, only a few thousand unionizable workers remain nonunion, compared to at least 43,000 who are union-represented. And some nonunion workers are close enough to unionized co-workers at the same agency that they use a different process when they want to join the union — a “unit clarification” election. Finley said if a union campaign gains traction at any of the remaining nonunion state agencies, such as the Oregon Lottery or the Oregon Judicial Department, card- check would almost certainly be the process used. Union foes have opposed card-check wherever it has been proposed. Oregon ballot measure activist Bill Sizemore has toyed with the idea of running a bal- lot measure campaign to eliminate Ore- gon’s public employee card-check process. And card-check has been a central part of the national debate over the Employee Free Choice Act, a bill in Congress. The Employee Free Choice Act is the most significant labor law reform to be considered in over a generation. As introduced, it would require private-sec- tor employers to recognize a union through card-check. Business groups have argued that card-check is undemocratic because it eliminates secret ballot unionizing elec- tions. But Local 503’s Finley says card- check is more democratic, not less. “With card-check, you have to have a true majority,” Finley said, “whereas in an election, just those who choose to vote get to decide.” Brett Nair, community college con- sultant for the Oregon Education Asso- ciation, has helped workers unionize us- ing both methods, and says card-check is a real leg up for employee rights. Last month, Nair helped the Klamath Com- munity College faculty group unionize through card-check. Nair said it was a faster and fairer process than the one he had to use when organizing faculty at Eastern Oregon University for Ameri- can Federation of Teachers-Oregon. The old process was burdensome, Nair said, because it necessitated a “double majority.” First a union showed majority support on cards, and then that majority had to vote again. At Eastern Oregon University, employer objections delayed the election seven months — and then workers even had to vote a third time, when a group of anti-union employees came back later and tried unsuccessfully to decertify the union. “With card-check, you don’t have to establish twice that a majority wants a union,” Nair said. And the cards make it clear to sign- ...Seating Minnesota senator Al Franken is key to passing Employee Free Choice (From Page 8) replied to the heckler. “No,” came the rejoinder. “Your job’s on the line!” Specter appeared flustered, but pre- dicted labor union members will not be disappointed with his vote. While backers wait for Franken to be seated, a group of Democratic senators are in behind-the-scenes negotiations over changes to the bill. Labor ally Tom Harkin of Iowa is leading the discus- sions, intended to shore up support from senators who have criticisms of the bill — Specter; Diane Feinstein of Califor- nia; Mary Landrieu of Louisiana; Ben Nelson of Nebraska; Evan Bayh of Indi- ana, and Blanche Lincoln and Mark Pryor of Arkansas. Backers may not need the votes of these conservative De- mocrats to pass the bill, but they will need them to stick to tradition and vote party-line to cut off debate when the time comes. The negotiations are about whether to cut “card-check” out of the Employee Free Choice Act. Card-check would be replaced with some other measure to ac- PAGE 6 complish the same purpose — making it quicker and easier for workers to union- ize if they want to do so. Feinstein has proposed a mail-in election alternative to the traditional workplace elections. TheAFL-CIO says it isn’t wedded to any exact formula. “Card-check” isn’t a holy grail. Rather, the labor federation says it will back any version of the Em- ployee Free Choice Act that adheres to a set of principles — an easier way to unionize, a firm deadline for getting a first contract, and meaningful penalties for employer lawlessness. Employers have concentrated their fire on the card-check aspect of the Em- ployee Free Choice Act, saying it would eliminate the “secret ballot.” In focusing on the provision of the bill that they con- sidered most politically vulnerable, op- ponents neglected other parts of the bill that could have far-reaching conse- quences — significant penalties for em- ployer abuse, and certainty that a first contract would be reached. Democrats know voting for the Em- ployee Free Choice Act will arouse the wrath of business groups, said one Washington, D.C., labor lobbyist work- ing on the bill. But the bill is a do-or-die deal for labor — a core Democratic Party constituency. Lawmakers want to get the bill out of the way so they can move on to health care reform and cli- mate change legislation. The timing of the vote will depend on Franken’s seating. The Minnesota Supreme Court heard oral arguments June 1 in a challenge to the election re- sult, and Franken’s opponent Norm Coleman pledged no further appeals once the court rules on whether Franken won the close vote in November. Meanwhile, responding to a question from a reporter at a June 2 press brief- ing, a White House spokesperson said President Barack Obama continues to support the bill, and confirmed that it’s a priority for the Administration. Broadway Floral for the BEST flowers call 503-288-5537 1638 NE Broadway, Portland NORTHWEST LABOR PRESS ers that when once a majority have signed, they get a union — without the extra step of an election. “I strongly believe that all non-rep- resented employees should seek the E E FR benefits of union organization and should organize themselves,” Nair said. “The new law, through card-check, pro- vides people with an expedited and fair process to do that.” BARGAIN COUNTER Free classified ads to subscribers DEADLINE: Friday prior to publication Published 1st and 3rd Fridays Now accepting e-mails Send to: Michael492@comcast.net Mail to: NWLP, PO Box 13150, Portland OR 97213 (Please include union affiliation) • 15-20 words • No commercial or business ads • 1 ad per issue • All lower case (NO CAPITAL LETTERS, PLEASE) • Ads MUST include area code or they will not be published Automotive ’94 FORD TAURUS wagon, very nice, $1,500 OBO. 541 869-2023 ’01 BMW X5 4.41, 78k miles, fully loaded, on board GPS, ex cond, $12,000 OBO. 503 735-0228 Housing ROCKAWAY ocean front 503 777-5076, http://home.comcast.net/~rockaway.beach 5 bdrms, 2 ba. 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