‘Card check’ legislation: Boon for union, bust for business April 6th, 2009

From McDonald’s Corporation Government Relations Team

The U.S. Senate is taking up the Employee Free Choice Act (H.R. 800/S. 1041), also known as “card check” legislation. The House of Representatives passed the bill already, but debate on the measure has been stalled in Senate. Card check legislation could significantly impact the ability of unions to organize companies. Recent reports state that key Democrats, who strongly favor the bill, are working to reopen the debate.

The Employee Free Choice Act, also known as “card check” legislation, will have a significant impact on the McDonald’s System. The bill will end the long practice of allowing employees to vote by secret ballot on whether they want to be become a member of a union.

Under current law, this secret ballot election is overseen by the National Labor Relations Board, which provides detailed procedures to ensure a fair election, free of fraud. The card check bill would eliminate this oversight and the secret ballot. Instead, a simple majority of employees in a workplace would simply have to check a card indicating that they want to unionize. This would leave them open to intimidation and coercion because their decision would no longer be private but open to scrutiny. The bill would also require mandatory arbitration in contract disputes. If workers determine they want to be unionized, an employer just negotiate with the union representatives and agree on a contract. Under the bill, a third-party arbitration panel would be brought in to decide the terms of the contract, including such things as pay levels and benefits, if the employer and the union fail to reach an agreement after 90 days. The bill does not give union members the right to vote to approve or disapprove the contract, as is a common practice now.

The bill passed in the House of Representatives, but debate on the issue has stalled in the Senate. The Senate is currently comprised of 58 Democrats and 41 Republicans. However, the election between Democrat Al Franken and Norm Coleman in Minnesota is still up in the air.

It is critical that you contact your senators and urge them to vote “No” to The Employee Free Choice Act. We also strongly suggest to contact your representative. If the Senate passes the bill with any changes from the version passed in the House, those differences will be hammered out in conference committee.

To learn how to contact your senators and representatives, visit www.senate.gov and www.house.gov or call the Senate switchboard at 202-224-3121 or the House of Representatives at 202-225-3121.

Click here for two sample letters that can be sent to urge your congressman and senator to oppose the measure.