(Also known as the Card Check bill)

What is the Card Check Bill? How does it work?

Under current law, if union organizers collect signatures from at least 30 percent of the employees in a bargaining unit, the federal National Labor Relations Board will hold an election to determine whether to certify the union. This process has been in place for decades and has been refined over the years attempting to carefully balance the interests of employees, unions, and employers. At the core of the current legislation are the provisions that ensure that workers can hear all sides and then make up their minds and vote in private. Today a majority of elections are held within 39 days and a majority of union elections are won by organized labor.

Union density has dropped to about 7.5 percent in the private sector. Organized labor has lobbied for this legislation which seeks to change the rules and make it easier to organize. At the heart of the changes is the pivot point of determining whether a union would be certified. Currently a union is only certified through a federally-supervised secret ballot election. Under provisions in this law, the union would be certified the moment it collected a majority (51%) of signed authorization cards. The Card Check Bill would therefore eliminate the campaign period and the legal requirements that regulate it. Opponents have voiced concern about the public nature of the vote with the prospect of the employees to feel pressured to sign authorization cards.

A secondary, and less well known, provision of the bill will amend collective bargaining law in the area of arbitration. Today, the law requires that the parties bargain in good faith and recognizes that the union, representing workers, and the employer are in the best position to determine whether an agreement is acceptable. Under the new legislation there is no incentive for the employer or the union to adopt realistic bargaining position. This could give the arbitrator control of the most basic business decisions. It could also circumvent the opportunity for employees to vote on ratification of the contract.

Finally, the Card Check Bill would increase penalties for employers, but not for unions or others, who violate union organizing laws.

In 2007, Card Check passed the House of Representatives by a vote of 241-185. The bill had a slim majority of support in the Senate, but fell to a filibuster on a 51-48 vote. 60 votes are needed to end a filibuster (known as cloture). Consideration by the House is expected early in 2008 followed by the Senate debate.

Minnesota Business Leaders is a coalition powered by the U.S. Chamber of Commerce along with chambers, associations, and businesses to save the secret ballot