Unions (2)

One man, one vote, one time was the modus operandi favored by many a post-colonial "Big Man" who subsequently took on all of the characteristics of a dictator. Much the same is true when a company becomes unionized.

The process of unionization begins when at least 30% of the employees of an 'appropriate' bargaining unit sign cards or a written petition. The second step is for an election, conducted by the National Labor Relations Board (NRLB), to be held. A simple majority is sufficient to authorize the selected union to negotiate a contract with the company.

Although the process sounds simple, it is not easy to organize a workplace in the face of concerted opposition on the part of the company. When a union is certified, however, there is good reason to believe that it really is the freely chosen representative of a majority of the employees.

In the United States, however, we elect political representatives for a fixed period. If they wish to continue in office, they must run for re-election.

With respect to union representation in a workplace, that single election is for an indefinite period: the only way for employees to fire their union is to go through the equivalent of a recall election. Known formally as decertification, employees who no longer desire union representation must go through a similar demanding process: petitions must be circulated and signed - again by at least 30% of the bargaining unit - and an election conducted by the NRLB.

Once a union has been certified, it will engage in contract negotiations. Since a union is a business and its revenue is derived from dues, one of its major objective will be to ensure that all employees of the bargaining unit are forced to pay dues - whether they voted for the union or not - by the inclusion of Union or Agency Shop language in the contract.

While the creation of a Union or Agency Shop is illegal in twenty two mostly Southern and Western States, a reasonable argument can be made that, a fair election having taken place, all employees of the bargaining unit should be treated equally and all should pay dues. That is democracy at work.

On the other hand, fixed terms of office and the right of voters to fire, or rehire, their representative on a regular schedule is a fundamental characteristic of democracy. That unions are not subject to such democratic discipline is a disgrace.

Your correspondent believes that real democracy would be well served by amending the Wagner Act (National Labor Relations Act) of 1935 and the Taft Hartley Act of 1947 to provide for regular certification elections every ten years.

Since we claim to believe in democracy, then the law should reflect our beliefs.