rights at work how elected public officials can help protect workers’ freedom to choose a union

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

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Page 1: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

Rights at WorkRights at WorkHow Elected Public Officials Can Help Protect

Workers’ Freedom to Choose a Union

Page 2: 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

Page 3: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

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

Page 4: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

The union percentage of all voters continues to increase

26%

23%

19%

1992 1996 2000

Source: VNS-11/92, 11/96, 11/00

Page 5: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

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%

Page 6: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

Union Members

Nonunion Households

Source:??

[Example(s) from your state, city, or county????]

Union Advantage = ??%

+??%

-??%

??%

??%

??%

??%

Page 7: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

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

Page 8: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

But the percentage of workers who have unions continues to fall

1956 2003

32% of workforce

Union

32% of workforce

Union

13% of workforce

Union

13% of workforce

Union

Page 9: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

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

Page 10: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

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)

Page 11: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

That’s about

47 million workers47 million workers who want

but don’t have a union!

Page 12: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

Cornell University study, 1996

91%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

Page 13: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

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.”

Page 14: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

Imagine if workersworkers tried to interfere with employers’employers’...

Choice whether to join an employer association

Choice of their representative to negotiate with workers

Page 15: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

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

Page 16: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

denied promotions,face increased workloads,

or changed work schedules, or increased harassment at work

Your supporters would know that they could be fired,

Page 17: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

Local newspapers would predict that precincts that voted for you

would have their economy devastated

Page 18: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

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

election

Page 19: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

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.

Page 20: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

posting a letter after posting a letter after the election saying they the election saying they

won’t do it againwon’t do it again

Officials caught threatening your supporters would face this penalty:

Page 21: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

Your opponent could delay the election if he thought

he’d do better later

Page 22: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

The election would be held in your opponent’s headquarters

and voters would file by officials who control their jobs

Page 23: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

Even if you somehow won, the outcome would be blocked

from taking effect through years of litigation

Page 24: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

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

Page 25: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

When employers don’tdon’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

Page 26: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

When employers don’tdon’t interfere, workers win

80%80% win rate in public sector, where relatively little employer interference

Less than 50%50% win rate in private sector, where employer interference is the norm

Cornell University study, 1998

Page 27: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

Some employers have agreed not to interfere

Neutrality instead of interference

Simple card check or “card count” instead of lengthy “elections”

Page 28: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

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

Page 29: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

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”

Page 30: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

Some employers with card count neutrality agreements...

Kaiser Permanente

U.S. Steel

AT&T

Safeway

Anheuser-Busch

UPS

Starwood HotelsHERE: “Card Check and Neutrality”

Page 31: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

The public strongly supports workers’ freedom

to choose a union without employer interference

Page 32: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

“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. 2003

ImportantImportant

DemocratsDemocrats 84%84%

IndependentsIndependents 71%71%

RepublicansRepublicans 67%67%

Page 33: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

“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. 2003

Let employees decide on ownLet employees decide on own

DemocratsDemocrats 77%77%

IndependentsIndependents 75%75%

RepublicansRepublicans 79%79%

Page 34: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

NoNo

DemocratsDemocrats 92%92%

IndependentsIndependents 91%91%

RepublicansRepublicans 93%93%

Are common employer tactics acceptable?

“Firing employees who support the union”

Hart Research national poll, Feb. 2003

Page 35: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

NoNo

DemocratsDemocrats 81%81%

IndependentsIndependents 78%78%

RepublicansRepublicans 76%76%

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

Page 36: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

NoNo

DemocratsDemocrats 73%73%

IndependentsIndependents 75%75%

RepublicansRepublicans 70%70%

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

Page 37: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

NoNo

DemocratsDemocrats 71%71%

IndependentsIndependents 66%66%

RepublicansRepublicans 51%51%

Are common employer tactics acceptable?

“Sending letters to employees’ homes urging them to vote

against the union”

Hart Research national poll, Feb. 2003

Page 38: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

NoNo

DemocratsDemocrats 62%62%

IndependentsIndependents 59%59%

RepublicansRepublicans 57%57%

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

Page 39: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

DemocratsDemocrats 86%86%

IndependentsIndependents 79%79%

RepublicansRepublicans 76%76%

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

Page 40: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

DemocratsDemocrats 78%78%

IndependentsIndependents 73%73%

RepublicansRepublicans 70%70%

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

Page 41: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

What elected officials can do...

1 Reward and spotlight employers who don’t interfere with workers’ free choice

Page 42: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

What elected officials can do...

2 Speak out, hold hearings, and appear with workers who are facing employer interference

Page 43: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

What elected officials can do...

3 Encourage employers to respect card count as standard procedure

Page 44: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

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

Page 45: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

What elected officials can do...

5 Help pass laws establishing public employee bargaining rights, and repeal right-to-work-for-less laws

Page 46: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

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

Page 47: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

What elected officials can do...

Page 48: Rights at Work How Elected Public Officials Can Help Protect Workers’ Freedom to Choose a Union

Free America’s workersFree America’s workers to build a better future

for our families and the communities

we serve

What elected officials can do...