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Pending: organizing 'card checks'

A new bill in Congress would amend U.S. labor law to allow recognition of a union based on "card checks" or petitions for representation.

The Employee Free Choice Act, S. 1925 and H.R. 3619, was introduced in the Senate by Sen. Edward M. Kennedy (D-Mass.) and in the House by Rep. George Miller (D-Calif.). The bill has 30 co-sponsors in the Senate and 178 co-sponsors in the House.

Kennedy said: "We like to think that workers are free to join a union. But too often that basic aspect of freedom is denied in our modern society because hard-line corporate managers succeed in denying a fair choice by workers."

The bill would direct the National Labor Relations Board to certify a union to represent workers when a majority of workers have signed a petition for representation or have signed cards authorizing union representation.

Under current law, employees must file a petition for representation and then wait for the NLRB to conduct an election to certify the union. Most union analysts say the election waiting period provides employers an unfair advantage by giving them time to intimidate employees.

Cornell University researcher Kate Bronfenbrenner noted that workers' rights laws are so poorly enforced and riddled with loopholes that workers suffer harsh repercussions when they try to form unions. She said studies have found that 92 percent of private sector employers oppose union organizing efforts. These opposition campaigns often include harassment, threats to close plants, and such unfair labor practices as firing workers for supporting a union.

The bill also would provide for mandatory mediation and arbitration for first-time contract disputes and for stronger penalties for violations of employees' rights during organizing campaigns and first-contract negotiations.

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