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Organized labor is flexing its muscles in both Olympia and Washington, D.C., with concerted efforts to strip the long-established right of employers to explain their positions during union organizing attempts.
Buoyed by Democratic majorities in the state Legislature and Congress, and the clout that comes with their ever-increasing contributions to political campaigns, unions are striking at two basic rights: free speech and the secret ballot.
In Olympia, Gov. Chris Gregoire, in the midst of a re-election campaign, cut a deal with the Washington State Labor Council to withdraw support for the so-called "Worker Privacy Act," a bill that would have prevented employers from campaigning against union organizing attempts.
That measure ? as written ? defied First Amendment rights of free speech and assembly as well as federal labor laws, which for decades have allowed employers to freely present their views to employees during organizing attempts. It was expected to be the Labor Council's No. 1 priority during the current session.
Fortunately, the governor, who is touting her first-term support for Washington business, understood that it would be a political blunder that would rile the business community and provide Dino Rossi with fodder in this election year.
But make no mistake. This bill ? or a version close to it ? will be back next year. Employers should make it clear to elected representatives that muzzling of communication with their employees is not acceptable. And, the governor should state emphatically during her campaign that she won't support legislation that stifles free expression in the workplace.
In the nation's capital, similar legislation ? which passed the House last year and has the support of the leading Democratic presidential candidates ? contains an even more ominous provision.
The Employee Free Choice Act would in effect strip away workers' right to vote by secret ballot, making it far easier for unions to gain bargaining rights. Under the "cardcheck" provision, workers would be required to sign a card in front of union organizers, usurping the rights of both employees and employers during organizing campaigns. Rather than serving as an indicator of interest in union representation, the traditional authorization card would be tantamount to a ballot.
If a majority of a company's workers sign cards, the union becomes the bargaining representative. Employees are denied their right to a secret ballot. The union knows who has signed cards and who has not. Employers are stripped of their right to conduct an informational campaign against representation and they would be subject to binding arbitration.
In our state, enactment of the federal legislation would disenfranchise two-thirds of the labor force, or about 2,250,000 workers. The measure passed the House a year ago with five Democratic members of the Washington delegation ? Brian Baird, Norm Dicks, Rick Larsen, Jim McDermott and Adam Smith ? voting in favor. Fortunately, the proposal failed a cloture vote last June.
Congressional action is unlikely this year, but debate is expected to resume when the new Congress takes office next January. Its supporters expect that Democrats will retain their majority in both chambers and win the White House.
Organized labor has played a long and important role in the economic history of our state and nation. It has supported the rights of workers and protected them from predatory acts by unscrupulous employers.
Labor's tradition of advocacy in public policy and political discourse ? and its substantial financial clout ? is protected by the same free speech and secret ballot rights it would now deny both employers and the workers it represents.
A good relationship benefits the worker and the employer in many ways. Millions of dollars are spent every year to silence workers and your magazine doesn't seem to have a problem with that. I am disappointed in your magazine for supporting this inequity. What are companies afraid of? A contract helps with worker retention and conflict resolution. A contract makes sure that all rules are applied equally and that everyone follows the same rules. Isn't that what we all want?