H.R. 800, more appropriately described as the "card check bill," erodes a fundamental American value, the right to cast a secret ballot in making an individual choice about representation in the workplace. For union-organizing elections, the legislation would replace the secret ballot with a system called card check, where if 50 percent of employees at a workplace sign cards to unionize then the workplace is automatically unionized without an election or the oversight of a neutral party.

In 2007, the card check bill overwhelmingly passed the United States House of Representatives, but fortunately failed a Senate cloture vote. In the U.S. Senate a measure needs 60 votes, or three-fifths of members, to overcome a filibuster and ensure a vote on the floor. In this case, H.R. 800 received only 51 votes with N.C. Senators Elizabeth Dole (R) and Richard Burr (R) both voting against allowing a vote on this bill.

While the card check bill was blocked in the U.S. Senate in 2007, it is no secret that this legislation will be a top legislative priority for unions in 2009. Organized labor is purportedly seeking to amass over one million volunteers to help it lobby for the legislation. Correspondingly, big labor has made support for the card check legislation a litmus test for candidates that it supports in the 2008 elections.

Recognizing the enormous negative impact this legislation would have on North Carolina employers and our state's future, our state Chamber remains committed to preventing it from passing. As part of our ongoing efforts, we have joined with a number of our pro-jobs allies and employer members to form "North Carolinians to Preserve Employee Choice," a coalition to analyze North Carolina candidates' views and positions on union issues and initiatives, such as card check legislation.

Where our Congressional Delegation Stands on Card Check
On October 10th, questionnaires on union issues and initiatives were sent to all candidates for North Carolina Congressional seats (incumbents and challengers). The surveys included a question of whether the candidates would support or oppose card check legislation if elected or re-elected. Not every candidate has responded to the survey, to date. Here's how those who have state their position:

NC Candidates for U.S. Senate

• U.S. Senator Elizabeth Dole (R)
  Senator Dole returned her questionnaire and answered that she would support the Coalition's position AGAINST: 1) The Employee Free Choice Act or card check bill; 2) Federal preemption of North Carolina's law against collective bargaining by state and local government employees; and 3) Federal preemption of North Carolina's Right to Work law. In other words, Senator Dole is opposed to these initiatives according to her questionnaire.
  
  
• N.C. Senator Kay Hagan (D)
  As of October 27th, Senator Hagan had not returned the questionnaire that was emailed, faxed and hand delivered to her. Although she did not return the questionnaire, Senator Hagan has made two previous public statements in support of the Employee Free Choice Act, or card check bill. In the April 23, 2008 edition of the Independent Weekly, Senator Hagan answered the question, "Should the nation's labor-organizing law be strengthened to better protect workers' rights? If so, how? "with the following: "I also support a worker's right to join a union and I would vote for the Employee Free Choice Act." On Sept. 19, 2008, Senator Hagan was asked whether she would support the Employee Free Choice Act/card check during a radio interview on Raleigh radio station WPTF. Senator Hagan stated, "There is something called EFCA - the Employee Free Choice Act - and I do support that."

N.C. Candidates for U.S. House of Representatives

Of the questionnaires sent to North Carolina members of the U.S. House of Representatives and their challengers, those that returned include, Will Breazeale (Republican challenger to Rep. McIntyre); B.J. Lawson's (Republican challenger to Rep. David Price); Dan Mansell (Republican challenger to Rep. Bob Ethridge); Rep. McHenry (R); Carl Mumpower (Republican challenger to Rep. Heath Shuler; Rep. Sue Myrick's (R). All responded that they would: 1) oppose the Employee Free Choice Act; 2) oppose legislation that would override state law and require collective bargaining rights for public safety employees in North Carolina; and 3) oppose legislation that would preempt North Carolina's Right to Work law.

Although our Coalition (North Carolinians to Preserve Employee Choice) did not receive responses back from all of the incumbents or challengers in U.S. House races, nearly half of North Carolina's representatives in the U.S. House actually co-sponsored the original piece of card check legislation and all of the following members of North Carolina's House delegation voted "yes" on Card Check last year: Rep. G.K. Butterfield, Rep. Bob Etheridge, Rep. Brad Miller, Rep. David Price, Rep. Mel Watt, Rep. Mike McIntyre, and Rep. Heath Schuler.

These are the North Carolina members of the U.S. House who voted "no" to card check last year: Rep Robin Hayes, Rep. Patrick McHenry, Rep. Howard Coble, Rep. Virginia Foxx, Rep. Walter Jones, and Rep. Sue Myrick.

Shedding Light on Policy Impacts of Card Check

Freedom of choice for individual workers is a matter that should be at the center of labor relations policy, and a secret-ballot should remain the only method of gauging choice. Cards are not votes; not only are employers cut out of the process with this union-proposed method aimed at increasing membership rolls, but the request to unionize doesn't even originate with the workers themselves under the system.

It is blatantly disingenuous for unions and their supporters to brand this legislative objective as one about "free choice" when it would take away employees' rights to decide for themselves whether they want to join unions. Further, it would expose those who choose not to join unions to on-the-job harassment and retaliation. Beyond the provisions of the legislation that erode American workers' rights, the bill contains numerous other harmful provisions. For example, in some instances the legislation would impose government arbiters on employers that would take away their rights to make important, far-reaching decisions about their workplaces.

Join Forces with Our Chamber to Protect Jobs

As unions gain momentum and influence nationally and here at home, North Carolina businesses must join forces and build equal momentum to prevent big labor's anti-business, bad-for employees, bad-for-jobs agenda from becoming America's agenda. National and state unions are clearly engaged in trying to shape North Carolina's future to match their vision and interests. An organized business community enabled by a strong state Chamber will ensure that our collective aspirations for North Carolina's future will be realized instead - aspirations that include world-class education systems that continually produce a 21st-century workforce, a globally competitive business climate, and effective economic development strategies and tools that combine to foster a thriving economy and create the best jobs for all North Carolinians.

Let us hear from you if you believe increased union activity and clout in Washington and North Carolina is a threat to our state's future and your business and you would like to join our Coalition or help defeat the union agenda in another way (respond to this e-newsletter by email).