Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

Unions are one of the best... anti-poverty, equal opportunity, family security, middle class-building programs for working people in America

Union members are... the largest, best organized, most effective political allies of elected officials who want to make progress on the issues that matter to working Americans: Good Jobs, Health Care, Education, Retirement Security

The union percentage of all voters continues to increase Source: VNS-11/92, 11/96, 11/00

Union Members Nonunion Households Source: Lake/VNS 11/00 Union members vote differently Union Advantage = 45% +37% -8% Gore: 66% Bush: 29% Gore: 44% Bush: 52%

Union Members Nonunion Households Source:?? [Example(s) from your state, city, or county????] Union Advantage = ??% +??% -??% ??%

Why do union members vote differently and more often?  Educated on economic issues  Contacted at work  Take part in intensive phone banks  Pool money to pay for outreach  Value union recommendations

But the percentage of workers who have unions continues to fall 32% of workforce Union 32% of workforce Union 13% of workforce Union 13% of workforce Union

Union membership is dropping even though the number of workers who want unions is rising

In a February 2003 Hart Research national poll of non-managerial, nonunion workers... “If an election were held tomorrow to decide whether your workplace would have a union or not…” 47% 47% said they would “vote for forming a union” (up from 30% in 1984)

47 million workers That’s about 47 million workers who want but don’t have a union!

Cornell University study, % 91% require anti-union meetings 80% 80% train supervisors to intimidate 50% 50% threaten to shut down 31% 31% fire some union supporters Why don’t they have a union? Biggest reason: employer interference

A Human Rights Watch study found... “In a system replete with all the appearance of legality and due process, workers’ exercise of rights to organize, to bargain, and to strike in the United States has been frustrated by many employers who realize they have little to fear from labor law enforcement through a ponderous, delay-ridden legal system with meager remedial powers.”

workers employers’ Imagine if workers tried to interfere with employers’...  Choice whether to join an employer association  Choice of their representative to negotiate with workers

“election” Imagine if you had to run in an “election” like a union representation election...

denied promotions, face increased workloads, or changed work schedules, or increased harassment at work Your supporters would know that they could be fired,

Local newspapers would predict that precincts that voted for you would have their economy devastated

You wouldn’t have a voter list until 6 weeks before the election

Voters would be required to watch TV ads against you for several hours a day. They could only get information from you when supporters canvassed door-to-door.

posting a letter after the election saying they won’t do it again Officials caught threatening your supporters would face this penalty:

Your opponent could delay the election if he thought he’d do better later

The election would be held in your opponent’s headquarters and voters would file by officials who control their jobs

Even if you somehow won, the outcome would be blocked from taking effect through years of litigation

Hardly any workers survive this process to form a union  Only 84,000 private sector workers win union representation elections in an average year  Only a quarter of those will have a contract in place five years later Bureau of National Affairs

don’t When employers don’t interfere, workers win 85% 85% when some employer interference 33% 33% when aggressive interference Economic Policy Institute, 1995 Win rate for workers forming union 96% 96% when employer neutral

don’t When employers don’t interfere, workers win 80% 80% win rate in public sector, where relatively little employer interference 50% Less than 50% win rate in private sector, where employer interference is the norm Cornell University study, 1998

Some employers have agreed not to interfere  Neutrality instead of interference  Simple card check or “card count” instead of lengthy “elections”

Card count neutrality agreements protect workers’ democratic rights  The employer doesn’t interfere in workers’ decision  Workers who want a union must get a majority to sign cards  An independent party verifies them  First contract negotiations begin without delay

Card count neutrality...  Is still the standard in most of Canada  Recognizes – similar to sexual harassment law – that management speech has special impact because of the power relationship  Used to be the standard in the U.S. – before employers saw they could control “elections”

Some employers with card count neutrality agreements...  Kaiser Permanente  U.S. Steel  AT&T  Safeway  Anheuser-Busch  UPS  Starwood Hotels HERE: “Card Check and Neutrality”

The public strongly supports workers’ freedom to choose a union without employer interference

“How important is it to have strong laws that give workers the right to form and join unions in their workplace?” Hart Research national poll, Feb. 2003ImportantDemocrats84% Independents71% Republicans67%

“When union elections are held, do you think employers should generally oppose the union and try to convince employees to vote no, or do you think employers should generally take no position and let the employees decide on their own?” Hart Research national poll, Feb Let employees decide on own Democrats77% Independents75% Republicans79%

NoDemocrats92% Independents91% Republicans93% Are common employer tactics acceptable? “Firing employees who support the union” Hart Research national poll, Feb. 2003

NoDemocrats81% Independents78% Republicans76% Are common employer tactics acceptable? “Supervisor meeting one-on-one with the employees he or she directly supervises, urging them to vote against the union” Hart Research national poll, Feb. 2003

NoDemocrats73% Independents75% Republicans70% Are common employer tactics acceptable? “Publicly predicting that pay and benefits will be reduced if employees vote for a union” Hart Research national poll, Feb. 2003

NoDemocrats71% Independents66% Republicans51% Are common employer tactics acceptable? “Sending letters to employees’ homes urging them to vote against the union” Hart Research national poll, Feb. 2003

NoDemocrats62% Independents59% Republicans57% Are common employer tactics acceptable? “Requiring that employees attend meetings on company time at which anti-union presentations are made” Hart Research national poll, Feb. 2003

Democrats86%Independents79% Republicans76% Which reasons “to make changes that would limit anti-union campaigns by employers” are convincing? “Employees should have the freedom to make their own choice about joining a union without interference from management” Hart Research national poll, Feb. 2003

Democrats78%Independents73% Republicans70% Which reasons “to make changes that would limit anti-union campaigns by employers” are convincing? “The right of workers to form a union is a fundamental freedom, like freedom of speech or religion” Hart Research national poll, Feb. 2003

What elected officials can do... 1 Reward and spotlight employers who don’t interfere with workers’ free choice

What elected officials can do... 2 Speak out, hold hearings, and appear with workers who are facing employer interference

What elected officials can do... 3 Encourage employers to respect card count as standard procedure

What elected officials can do... 4 Help educate the public — not just union audiences — about the need to protect workers’ freedom to decide without employer interference

What elected officials can do... 5 Help pass laws establishing public employee bargaining rights, and repeal right-to-work-for-less laws

What elected officials can do... 6 Use laws, regulations, and executive action to ensure that no employer receiving support for public purposes diverts money to interfere with workers’ freedom to choose a union

What elected officials can do...

Free America’s workers to build a better future for our families and the communities we serve What elected officials can do...