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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE RESOLUTION |
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| INTRODUCED BY SCHRODER, BEAR, BOYD, CAUSER, CLYMER, CREIGHTON, CUTLER, DELOZIER, DENLINGER, EVERETT, FAIRCHILD, GABIG, GINGRICH, GRELL, GROVE, HARPER, HICKERNELL, HUTCHINSON, KAUFFMAN, M. KELLER, MAHER, MARSICO, METCALFE, MILLER, MOUL, OBERLANDER, PICKETT, PYLE, RAPP, REICHLEY, ROAE, ROCK, ROHRER, SAYLOR, SONNEY, STEVENSON, SWANGER, TALLMAN, TRUE AND TURZAI, FEBRUARY 11, 2009 |
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| REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 11, 2009 |
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| A RESOLUTION |
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1 | Expressing opposition to Federal labor legislation eliminating |
2 | secret ballots or requiring compulsory arbitration. |
3 | WHEREAS, In the 110th Congress, bills enacting the Employee |
4 | Free Choice Act of 2007 contained language that proposed |
5 | amending the National Labor Relations Act (49 Stat. 449, 29 |
6 | U.S.C. § 151 et seq.) to require the National Labor Relations |
7 | Board (NLRB) to certify a labor union as the exclusive |
8 | representative of employees if it presents union authorization |
9 | cards signed by a majority of employees without the benefit of a |
10 | government-supervised secret ballot election and to utilize |
11 | binding arbitration to impose an initial contract if either |
12 | party in a collective bargaining negotiation requests mediation, |
13 | and such mediation is not successful; and |
14 | WHEREAS, Current Federal law requires that the NLRB conduct a |
15 | secret ballot election to determine the will of employees if a |
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1 | petition for a representation election is filed by an individual |
2 | or union and the petition is supported by a showing of interest |
3 | by at least 30% of employees stating that they want to be |
4 | represented by a union or if an employer requests a |
5 | representation election because it doubts a union's claim that a |
6 | majority of its workers want union representation, with the |
7 | claim based on signed union authorization cards; and |
8 | WHEREAS, The bills in the 110th Congress enacting the |
9 | Employee Free Choice Act of 2007 proposed creating a card-check |
10 | union certification process, which would have effectively |
11 | changed the National Labor Relations Act to eliminate an |
12 | employer's right to request a secret ballot election in cases |
13 | where it has reasonable doubt as to the validity of a union's |
14 | claim to be recognized as the collective bargaining agent based |
15 | on presentation of union authorization cards; and |
16 | WHEREAS, Such a change to the National Labor Relations Act |
17 | would hinder, not promote, employee free choice by depriving |
18 | employees of their long-established right to a secret ballot |
19 | election in contested situations; and |
20 | WHEREAS, A secret ballot election ensures that all workers |
21 | can hear arguments from the employer and union, have time for |
22 | reflection and then vote their conscience without pressure or |
23 | fear of retaliation; and |
24 | WHEREAS, The card-check process essentially eliminates an |
25 | employer's ability to discuss with employees the employer’s view |
26 | of union representation in violation of the employer's First |
27 | Amendment rights and, thus, prevents employees from receiving |
28 | all available facts or information on which to make an informed |
29 | decision; and |
30 | WHEREAS, The secret ballot election ensures that all |
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1 | employees in a collective bargaining unit have input, via their |
2 | private vote, as to whether they want to be represented by a |
3 | union; and |
4 | WHEREAS, The card-check process can leave workers who were |
5 | never asked to sign such card by union organizers without any |
6 | input into whether they are to be represented by a union; and |
7 | WHEREAS, The card-check process could lead to situations in |
8 | which employees are misled by union organizers as to the full |
9 | significance of signing such card authorizations, as detailed by |
10 | public testimony in February 2007 before the United States House |
11 | Subcommittee on Health, Employment, Labor, and Pensions; and |
12 | WHEREAS, The secret ballot election process is not biased |
13 | against unions, as is evidenced in the NLRB's Annual Report for |
14 | Fiscal Year 2007 which stated that, in fiscal year 2007-2008, |
15 | 1,905 representation elections were held covering 101,551 |
16 | employee voters, with workers choosing union representation as |
17 | their bargaining agents 54.9%; and |
18 | WHEREAS, The secret ballot election process is being |
19 | administered by the NLRB in a timely, efficient manner, as is |
20 | evidenced in the NLRB's Performance and Accountability Report |
21 | for Fiscal Year 2008, which states that 95% of initial |
22 | representation elections were held within 56 days of filing of a |
23 | representation petition; and |
24 | WHEREAS, The bills in the 110th Congress enacting the |
25 | Employee Free Choice Act of 2007 also proposed creating a |
26 | binding arbitration process which could be instituted in as |
27 | little as 120 days after commencement of initial contract |
28 | negotiations to impose an initial contract upon the parties |
29 | involved in collective bargaining; and |
30 | WHEREAS, Current Federal law does not require that binding |
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1 | arbitration be used on unwilling participants, and traditional |
2 | national labor policy favors a collective bargaining process |
3 | which does not compel either party to agree to any proposal or |
4 | require the making of a concession; therefore be it |
5 | RESOLVED, That the House of Representatives of the |
6 | Commonwealth of Pennsylvania oppose language in any Federal |
7 | legislation which creates a card-check process, because such a |
8 | process violates workers' fundamental rights to a secret ballot |
9 | vote, which protects them from intimidation and which ensures |
10 | that all workers have a chance to give their input; and be it |
11 | further |
12 | RESOLVED, That the House of Representatives of the |
13 | Commonwealth of Pennsylvania maintain the position that, if |
14 | there are problems with the fairness of secret ballot elections |
15 | with respect to isolated instances of employer intimidation, |
16 | then Congress should address that issue alone and do so in a |
17 | manner that primarily maintains the secret ballot election |
18 | process for deciding union representation in contested |
19 | situations; and be it further |
20 | RESOLVED, That the House of Representatives of the |
21 | Commonwealth of Pennsylvania oppose any Federal legislative |
22 | language violating an employer's First Amendment right to |
23 | express the employer’s view to employees on the implications of |
24 | union representation; and be it further |
25 | RESOLVED, That the House of Representatives of the |
26 | Commonwealth of Pennsylvania oppose language in any amendment to |
27 | the National Labor Relations Act (49 Stat. 449, 29 U.S.C. § 151 |
28 | et seq.), to require binding arbitration, because such a |
29 | requirement will seriously alter the traditionally accepted |
30 | balance of power in initial contract negotiations and subject |
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1 | employers to the imposition of contract provisions by third |
2 | parties; and be it further |
3 | RESOLVED, That copies of this resolution be transmitted to |
4 | the presiding officers of each house of Congress and to each |
5 | member of Congress from Pennsylvania. |
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