The main labor law reform being pushed currently by the unions in the USA has just been approved by a vote of the US House of Representatives but Bush threatens to veto it.
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The US House of Representatives passed 241 to 185 the "card check" bill that would amend the main labor law in the USA, the National Labor Relations Act (NLRA). The NLRA is the main labor law covering most of the private sector but excluding railways, airlines, agriculture, domestic service, and the public sector.
"Card check" is a proposed method for a union to gain official recognition from an employer in the private sector.
Under the current scheme, first approved in 1935, unions file a petition for recognition with the federal National Labor Relations Board (NLRB). If the employer insists (and they almost always do), an election takes place. A union wins recognition if it obtains a majority of the vote. The law then requires the employer to negotiate over a limited set of issues -- wages, benefits, hours and conditions. Elections occur among a defined set of workers called a "bargaining unit." A bargaining unit must exclude management employees.
Under the "card check" proposal, unions would gain recognition simply by getting a majority of the workers in the "bargaining unit" to sign cards authorizing the union to represent them. They could avoid going thru the secret ballot election process that is now required.
The unions have been pushing for "card check" because the employers have for years successfully delayed elections and used the whole election campaign process to engage in all sorts of threats and intimidation to derail union recognition. And enforcement and fines against illegal employer activity is minimal. Employers are willing to act illegally and take any fines as "just a cost of doing business."
According a report in today's papers, the current "card check" reform law would require an employer to either negotiate a contract or be subject to forced arbitration. This aspect of the law may pose a danger to workers since forced arbitration usually works against workers' interests.
In order to become law, the "card check" legislation needs to (1) be passed by the US Senate and (2) not veto'd by the president. However, the Republicans in the Senate are threatening a fillibuster...i.e. an endless debate to block the law. And Bush is threatening to veto it. Under the rules of the US Senate it takes a vote of 60 Senators (out of 100) to block a fillibuster and the supporters of "card check" may have a hard time lining up 60 votes.
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