THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE RESOLUTION

INTRODUCED BY FOLMER, M. WHITE, BAKER, ALLOWAY, VANCE, PICCOLA, SMUCKER, EICHELBERGER, BRUBAKER, BROWNE, CORMAN, WAUGH, YAW AND D. WHITE, APRIL 1, 2009

REFERRED TO LABOR AND INDUSTRY, APRIL 1, 2009  

A RESOLUTION

Expressing opposition to Federal labor legislation eliminating

secret ballots or requiring compulsory arbitration.

WHEREAS, In the 110th Congress, bills enacting the Employee

Free Choice Act of 2007 contained language that proposed

amending the National Labor Relations Act (49 Stat. 449, 29

U.S.C. § 151 et seq.) to require the National Labor Relations

Board (NLRB) to certify a labor union as the exclusive

representative of employees if it presents union authorization

cards signed by a majority of employees without the benefit of a

government-supervised secret ballot election and to utilize

binding arbitration to impose an initial contract if either

party in a collective bargaining negotiation requests mediation,

and such mediation is not successful; and

WHEREAS, Current Federal law requires that the NLRB conduct a

secret ballot election to determine the will of employees if a

petition for a representation election is filed by an individual

or union and the petition is supported by a showing of interest

by at least 30% of employees stating that they want to be

represented by a union or if an employer requests a

representation election because it doubts a union's claim that a

majority of its workers want union representation, with the

claim based on signed union authorization cards; and

WHEREAS, The bills in the 110th Congress enacting the

Employee Free Choice Act of 2007 proposed creating a card-check

union certification process, which would have effectively

changed the National Labor Relations Act to eliminate an

employer's right to request a secret ballot election in cases

where it has reasonable doubt as to the validity of a union's

claim to be recognized as the collective bargaining agent based

on presentation of union authorization cards; and

WHEREAS, Such a change to the National Labor Relations Act

would hinder, not promote, employee free choice by depriving

employees of their long-established right to a secret ballot

election in contested situations; and

WHEREAS, A secret ballot election ensures that all workers

can hear arguments from the employer and union, have time for

reflection and then vote their conscience without pressure or

fear of retaliation; and

WHEREAS, The card-check process essentially eliminates an

employer's ability to discuss with employees the employer’s view

of union representation in violation of the employer's First

Amendment rights and, thus, prevents employees from receiving

all available facts or information on which to make an informed

decision; and

WHEREAS, The secret ballot election ensures that all

employees in a collective bargaining unit have input, via their

private vote, as to whether they want to be represented by a

union; and

WHEREAS, The card-check process can leave workers who were

never asked to sign such card by union organizers without any

input into whether they are to be represented by a union; and 

WHEREAS, The card-check process could lead to situations in

which employees are misled by union organizers as to the full

significance of signing such card authorizations, as detailed by

public testimony in February 2007 before the United States House

Subcommittee on Health, Employment, Labor, and Pensions; and

WHEREAS, The secret ballot election process is not biased

against unions, as is evidenced in the NLRB's Annual Report for

Fiscal Year 2007 which stated that, in fiscal year 2007-2008,

1,905 representation elections were held covering 101,551

employee voters, with workers choosing union representation as

their bargaining agents 54.9%; and

WHEREAS, The secret ballot election process is being

administered by the NLRB in a timely, efficient manner, as is

evidenced in the NLRB's Performance and Accountability Report

for Fiscal Year 2008, which states that 95% of initial

representation elections were held within 56 days of filing of a

representation petition; and

WHEREAS, The bills in the 110th Congress enacting the

Employee Free Choice Act of 2007 also proposed creating a

binding arbitration process which could be instituted in as

little as 120 days after commencement of initial contract

negotiations to impose an initial contract upon the parties

involved in collective bargaining; and

WHEREAS, Current Federal law does not require that binding

arbitration be used on unwilling participants, and traditional

national labor policy favors a collective bargaining process

which does not compel either party to agree to any proposal or

require the making of a concession; therefore be it

RESOLVED, That the Senate of the Commonwealth of Pennsylvania

oppose language in any Federal legislation which creates a card-

check process, because such a process violates workers'

fundamental rights to a secret ballot vote, which protects them

from intimidation and which ensures that all workers have a

chance to give their input; and be it further

RESOLVED, That the Senate of the Commonwealth of Pennsylvania

maintain the position that, if there are problems with the

fairness of secret ballot elections with respect to isolated

instances of employer intimidation, then Congress should address

that issue alone and do so in a manner that primarily maintains

the secret ballot election process for deciding union

representation in contested situations; and be it further 

RESOLVED, That the Senate of the Commonwealth of Pennsylvania

oppose any Federal legislative language violating an employer's

First Amendment right to express the employer’s view to

employees on the implications of union representation; and be it

further

RESOLVED, That the Senate of the Commonwealth of Pennsylvania

oppose language in any amendment to the National Labor Relations

Act (49 Stat. 449, 29 U.S.C. § 151 et seq.), to require binding

arbitration, because such a requirement will seriously alter the

traditionally accepted balance of power in initial contract

negotiations and subject employers to the imposition of contract

provisions by third parties; and be it further

RESOLVED, That copies of this resolution be transmitted to

the presiding officers of each house of Congress and to each

member of Congress from Pennsylvania.