We wrote a couple of posts here on Wizbang Blue over the last few days (scroll down for links) -- one post that spoke out against Wal-Mart's intimidation campaign against their employees, trying to coerce them to vote for John McCain... telling them there would be layoffs if Obama was elected, and another post which spoke specifically to the extremists that are fighting the Employee Free Choice Act (EFCA).
So it should come as no surprise whatsoever that this same misinformation campaign from the blogging pajama-nistas on the right has increased (emphasis mine).
Well, it seems that a bunch of people are all a-twitter about news that Wal-Mart doesn't like the disgustingly=misnamed "Employee Free Choice Act," (EFCA) and actually paid attention to campaign promises -- a lot of Democrats are backing this measure, which -- among other things -- will strip workers of the right to decide whether or not to unionize by secret ballot.
That's absolutely false, and indicative of the misinformation intentionally being spread by extremists in opposition of the EFCA. Here are the facts on this bipartisan effort to support working Americans.
EFCA does not strip workers of their right to choose a secret-ballot election to decide whether to select -- or not to select -- a union representative. EFCA simply gives workers the additional option of selecting a union representative by majority sign-up. Under the National Labor Relations Act (NLRA), there are three ways for workers to form a union:
1) By secret-ballot: The National Labor Relations Board (NLRB) will conduct a secret-ballot election to select a bargaining representative if at least 30 percent of workers have signed a petition or authorization cards in favor of a union. If a majority of workers voting select a particular union, the NLRB will certify that union as the employees' bargaining representative. EFCA does not change this process.
2) By voluntary card-check recognition: An employer can voluntarily decide to recognize a union representative if a majority of employees have signed authorization cards in favor of the union. EFCA does not change this process.
3) By NLRB-ordered recognition: As a last resort, the NLRB can order an employer who has engaged in unfair labor practices that make a fair election unlikely to recognize a labor union if a majority of employees have signed authorization cards in favor of the union. EFCA does not change this process.
EFCA would simply add a fourth choice for workers seeking to form a union. The legislation would require the NLRB to certify a union representative if a majority -- more than half -- of workers sign authorization cards in favor of the union.
It gives workers an additional option without eliminating the option of an election, allowing them to choose to be represented by a union without their employer subjecting them to intimidation and coercion, but it does not eliminate the option of an election if that's what the workers want. That's just a plain old right-wing lie...
It would take 51 percent of the workers agreeing to form a union using the voluntary check-card to bring that about, but would only take 30 percent of the workers choosing the election option to require an election.
Note: Wizbang Blue is now closed and our authors have moved on. Paul Hooson can now be found at Wizbang Pop!. Please come see him there!