Mr. Chairman, H.R. 3094, the Workforce Democracy and Fairness Act, really, as you know, should be called the Election Prevention Act. I'm gravely concerned about today's legislative proposal. Current law recognizes that workers should be…
Mr. Chairman, H.R. 3094, the Workforce Democracy and Fairness Act, really, as you know, should be called the Election Prevention Act.
I'm gravely concerned about today's legislative proposal. Current law recognizes that workers should be able to associate with other units into any appropriate bargaining unit. This bill creates a presumption that all workers should be in a bargaining unit unless it is proven otherwise. That's just the reverse of the way law should be.
It allows employers to stuff the ballot boxes with workers who are not engaged in the organizing drive in the first place, therefore likely to vote ``no.''
It also increases the chances that workers' petition for an election will be rejected, which would cancel elections because they do not obtain the 30 percent signatures from this vast bargaining unit, all ways to try to thwart the election.
The NLRB has proposed rules which would eliminate loopholes in current law that allow unscrupulous employers to delay elections, frustrating workers' efforts to organize. This bill would essentially impose arbitrary delays and block those pending NLRB rules to eliminate avoidable delays.
The fact of the matter is that that bill encourages frivolous litigation. The original bill provided employers with an unqualified right to consistently raise a new issue at any point during the pre- election hearing in order to drag out the hearing. This would include any issue that may reasonably be expected to impact the election's outcome.
This bill does not limit these problems, but states that these issues, even when immaterial to an election, are considered relevant. Based on this fact, a hearing could therefore go on indefinitely, and that's what the purpose of this is.
Furthermore, parties could bring up issues such as economic conditions, or unfair labor practices, or other items not normally considered in pre-election hearings. Additionally, this bill seems to require that the board must finish a request for review before an election can be directed. This will encourage employers to file requests for review, even frivolous ones, to create a backlog at the board and further delay elections.
The current election process needs to be fixed. Employers easily delay and prolong elections giving themselves a unfair advantage to our American workers.
The fact that we are even discussing the ``Workforce Democracy and Fairness Act'' is a mockery. There are millions of unemployed workers across the nation and yet we are here to limit the rights of those who are employed. We should be here passing the American Jobs Act to help the unemployed.
A recent survey, conducted by the National Employment Law Project, NELP, of four of the top job search websites--CareerBuilder.com, Indeed.com, Monster.com, and CraigsList.com--found over 150 job advertisements that specified applicants must be currently employed. That is simply unacceptable.
However, the provisions in the American Jobs Act will prevent qualified Americans, who are unemployed through no fault of their own, from being unfairly screened from employment opportunities.
For over 300 days in the House majority, the GOP has refused to put forward a clear jobs plan. Now is the time to help our workers and not harm them.
Again, I would like to reiterate my strong opposition to H.R. 3094 and I request my Congressional colleagues to do as well.
International Association of
Machinists and Aerospace Workers,
Upper Marlboro, MD, November 28, 2011.
Re. H.R. 3094 Workforce Democracy and Fairness Act.
Dear Representative, On behalf of the International
Association of Machinists and Aerospace Workers, I strongly
urge you to vote ``NO'' to the ``Workforce Democracy and
Fairness Act'' H.R. 3094. This anti-worker legislation should
be called the ``Election Prevention Act'' because it would
give unscrupulous employers more opportunities to thwart
workers' efforts to organize and also add more delays to an
already broken National Labor Relations Board (``NLRB'')
election process.
This bill was introduced in direct response to the NLRB's
proposed rule to minimize undue delay in union elections.
Instead of minimizing delay, H.R. 3094 mandates it. For
example, no election may occur sooner than 35 days after
filing of an election petition. However, there is no limit on
how long an election may be delayed as a result of employer
claims, challenges and litigation. Delay gives employers more
time to use any means, legal or illegal, to pressure
employees into abandoning their organizing efforts.
H.R. 3094 imposes restrictions on workers' opportunities to
receive information from unions, but does nothing to curb the
power of employers to force workers to listen to their
antiunion propaganda, under the threat of discharge if they
try to object.
H.R. 3094 also manipulates the procedure for deciding who
is in the bargaining unit. The bill encourages the
``gerrymandering'' of bargaining units by codifying a test
that destroys 75 years of Board decision-making.
In sum, H.R. 3094 would delay and ultimately prevent union
representation elections, encourages frivolous litigation,
and manipulates the procedure for deciding who is a
bargaining unit. For the above reasons, I ask that you oppose
this latest attack on workers' rights by voting ``NO'' to the
``Election Prevention Act.''
If you have any questions, please contact Matthew McKinnon,
Legislative Director.
Sincerely,
R. Thomas Buffenbarger,
International President.