Card Check: A Businessman Rebuts, Point by Point

By August 24, 2009Labor Unions

The Lynchburg (VA) News and Advance features an excellent, point-by-point dissection of why the Employee Free Choice Act is anti-competition, anti-employer, and certainly anti-free choice. The arguments will be familiar to readers of this page, but local businessman Ben Davenport lays them out in a clear and persuasive manner.

We especially appreciate the explanation of why the increased penalties are intended as a hammer to beat employers into silence.

Finally, while business groups and members of Congress have focused on the notorious “card check” provision of EFCA that would have taken away the right to secret ballot in union campaigns, there has been virtually no debate over the bill’s onerous and unprecedented penalties against employers who may run afoul of vague NLRB rules if an employer says something “wrong” to its employees during the NLRB election process. EFCA dramatically escalates penalties for such violations and would subject employers to a $20,000 fine for each questionable statement the employer might make, for example, in trying to explain to employees the sensitive issues of whether unions can cause plant shutdowns or loss of customers.

Unions are schooled in organizing settings to file numerous unfair labor practice charges against employers and EFCA’s punitive terms would thus expose employers to new costly litigation with uncertain outcomes. Threatened with this new and substantial liability, employers — particularly smaller employers — would be coerced into silence.

(Hat tip: Bret Jacobson at Maverick Strategies.)

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