State and federal efforts to increase union participation have drawn the attention of many in Connecticut’s business community who fear increased costs and a loss of jobs.
Democratic lawmakers on Capitol Hill, including all five U.S. House members from Connecticut, have reintroduced the Employee Free Choice Act (EFCA), a top legislative priority for unions because it would let workers opt for unionization simply by signing cards, rather than through secret-ballot elections.
Meanwhile, the state legislature is considering a similar bill that would apply only to state and municipal workers, and another that would ban employers from requiring workers to attend “captive audience” meetings, which they traditionally use to campaign against union formation.
Representatives from Connecticut’s business community say the proposed laws would have a negative impact on the state’s economy.
“These proposals would encourage virtually every workplace to become unionized,” said Kia Murrell, an attorney for the Connecticut Business and Industry Association. “That would ultimately drive up the costs of doing business and lead to fewer jobs.”
For a workplace to organize under current law, unions first must get at least 30 percent of the workers to sign cards stating they want to join a union. Once that occurs employers can voluntarily accept those cards and recognize the union or force workers to have a secret ballot election directed by the National Labord Relations Board.
The EFCA would prevent employers from forcing a secret ballot election and allow for union formation simply through the card-check process, if a majority of employees (50 percent plus one) sign them.
“In these difficult economic times it is more important than ever that American workers have a say in their job security, wages, retirement savings and health care,” said Rep. John Larson (D-1st District), the highest ranking Connecticut member of the House.
“The rights afforded to our workers in the Employee Free Choice Act will grow the American middle class and help the economy work for everyone again,” Larson added.
Paul Rapanault, director of legislative and political affairs for the Uniformed Professional Fire Fighters Association of Connecticut, said the secret ballot election process gives employers a major advantage because it allows them to hold captive audience meetings which they use to lobby against union formation.
“It allows them to directly intimidate workers,” Rapanault said. “It’s not a level playing field.”
A bill co-sponsored by state Sen. Martin M. Looney, (D-New Haven), and which recently passed out of the Labor and Public Employees Committee, would prevent employers from requiring their workers to attend such a meeting.
Lengthy Negotiations
John Olsen, president of Connecticut AFL-CIO, said the current system is also flawed because employers often drag workers through lengthy negotiations by delaying bargaining sessions, giving them more time to convince workers they shouldn’t join a union.
He also said that there is little recourse against employers who try to intimidate workers “other than forcing them to post a sign that says they won’t do it again.”
Businesses argue that removing a secret ballot from elections is dangerous because it isolates them from the process and makes workers subject to intimidation by unions, since card checks are often done in public.
“It seeks to increase union membership without showing that the current process is flawed,” Murrell added. “It would be like turning 100 years of tradition on its head.”
Andy Markowski, Connecticut director of the National Federation of Independent Businesses, said the passage of these laws would likely hit small-to-mid size businesses the most, including construction, electrical and plumbing companies.
Bernard Jacques, a labor lawyer and partner at Pepe & Hazard in Hartford, said Connecticut’s extensive financial services industry would also likely be a major target for unionization.
“Unions have their eye on that industry,” Jacques said. “Given the problems financial services workers are facing in terms of job cuts, caps on pay and pay freezes it could make them want to band together.”
Other industries that are potentially ripe for unionization in Connecticut include health care and biotech, experts said.
“I think there is a misconception that large businesses will be targeted,” Markowski said. “But many of the large companies have dealt with unionization attempts in the past so they know how to handle it. Smaller businesses haven’t had to deal with this before.”
One of the biggest concerns for Markowski is a provision of the EFCA that allows an arbitration panel to hand down a binding collective bargaining agreement if the two sides can’t agree on a contract within 90 to 120 days.
“It should be up to business owners to decide how much they can pay employees,” Markowski said.
Reader Comments:
“Here is another attempt of government to control business, potentially giving bureaucrats with no real business experience control over nearly 4 million small businesses employing 39 million Americans.
Good employees are worth their weight in gold and business owners go to great lengths to retain and promote them. Natural selection lets the best employees rise to the top while the non-performers drop out. Legislation should create the conditions for business and professional growth, not stifle it thru unnecessary regulations.
See the link: http://www.heritage.org/research/Labor/wm2341.cfm
Could Ayn Rand, in her book: “Atlas Shrugged” have been describing the America of the future?” — G. Tomasi, RSL Fiber Systems LLC
“If this piece of legislation is passed we ought to follow it up with another law providing for the automatic “election” of members of Congress and the State Legislature once any candidate gets 51% of the electorate to sign a card saying they like that candidate. After all, if we’re abolishing the secret ballot for private industry, why not for political representation as well?
I find it absolutley astounding that our representatives, who themselves have won their positions as a result of secret ballots, would entertain this piece of legislation.” — W. Griffin, BeneCom Associates LLC
“”THIS LAW WILL BREAK THE BACKS OF SMALL BUSINESS. IT WILL HAVE THE SAME PROBLEM THAT THE TOWNS AND STATE HAVE.. THEY ARE RUN BY THE UNIONS AND NOT OUR ELECTED OFFICIALS. THEY ARE NOTHING MORE THAN PEOPLE ON A STRING AND THE UNIONS PULL THE STRINGS.” — D. Zdun, Atlantic Plywood
“If unions are such a great idea, why is that the various levels of government feel the need to force the issue and back the unions? Why is it a dying breed when left to it’s own merits? Could it be this is how Obama and his fellow Dems are going to deliever on their promised heatlh care & retirement for everyone? Everyone except the business owner. I seem to remember a campain statement that he stated repeatedly mentioned “American small business needs our help”, I guess that’s help toward bankruptcy. Yep, that ought to add to job security. When will the politicians finally learn to read history? Everytime they put their hands into the mix of the free market they screw it up.” — R. Forward, Forward Concepts
“I am a woman owned small business owner and I have invested everything I have made since the age of 9 into my company. I started this high tech company for various reasons.
Firstly, I was impressed with the advancement of the Europeans in this technology and I wanted to bring this technology into the US. Secondly, at my current age of 42, I wanted to develop my entrepreneurship spirit and fulfill the true American dream of either succeeding or failing on my own merit. I wanted to empower my employees to learn a new technology and embrace a secure future. And lastly, to follow the real American dream I wanted to follow my dreams of delusions of grander. I wanted to make capitalism work for me. And succeeding at capitalism by not taking from anyone or forcing anyone into anything that may harm them or anyone around them. I just wanted to succeed on my own merit and work ethics. I and I alone have a vested interest in my company.
It is absurd and unconstitutional that if this bill were to pass that anyone without any investment or legal right can over take what I have created and worked for since the age of 9. If the union needs jobs and the current government feels the need to enable these people, then why doesn’t the government help the unions to start their own companies instead of taking other’s.
Once last comment. I also have two small children ages 3 & 6. If I were to treat them like the current government treats the unions or anyone on social programs, my children would never aspire into anything. They would aimlessly waste their god given life and never become the great individuals that I and god have intended for them to become.” — M. Dickman, Advanced Nitriding Solutions
“My father never believed in unions and as a public school teacher in the City of New York with 3 college degree’s he was paid very poor
wages…ONCE he joined Albert Shanker and
got a union going…AND walked a picket line!.
AND risked his job to prove a point…The
union was formed and he got good money for
all his HARD WORK in a Voc. Tech Classroom.
Union were formed because of owners and
managers of companies NOT being supportive
and stealing money from the company.
Mind you now?…In many cases unions have
overdone there welcome!….Believe me.
I do have mixed emotions about unions.
Let us reach a agreement on the issue soon.” — G. Haggans, GORMOE Inc.
