Marathon Pundit: Exclusive: Cal Dem all over the map on secret ballot elections; e-mail from staffer proposes talking points on opposing union "quickie elections"

Monday, November 21, 2011

Exclusive: Cal Dem all over the map on secret ballot elections; e-mail from staffer proposes talking points on opposing union "quickie elections"

Golden Gate bridge

Rep. George Miller (D-CA) is a big-deal San Francisco Bay area liberal who has been serving in Congress for 36 years. He has mastered the art of being on all sides of an issue, even basic ones such as secret ballot elections.

For instance:

Miller introduced the since-failed union card check legislation that proposed eliminating the secret ballot in union elections:

"When Rep. George Miller of Martinez this week introduced 'card check' legislation that would make it much easier for workers to organize, he plunged the Obama administration into a fight that has the potential to rival former President Bill Clinton's gays-in-the-military controversy … Under the Employee Free Choice Act, if a majority of employees signed a card requesting a union, the union would be validated without a secret-ballot election." (Carolyn Lochhead, "'Card Check' Labor Bill Stirs Controversy," San Francisco Chronicle, 3/14/09)

But in regards to Mexico, Miller favored the secret ballot while still supporting card check:

"Rep. George Miller (D-Calif.), the main 'card check bill' sponsor on the House side, and nine other Democratic co-sponsors, all signed the letter to Mexico demanding that the secret ballot be maintained. Rep. Joe Baca (D-Calif.), Rep. Bob Filner (D-Calif.), Rep. Barney Frank (D-Mass.), Rep. Marcy Kaptur (D-Ohio), Rep. Dennis Kucinich (D-Ohio), Rep. Zoe Lofgren (D-Calif.), Rep. Barbara Lee (D-Calif.), Rep. James McGovern (D-Mass.), Rep. Pete Stark (D-Calif.). All joined Miller in both co-sponsoring EFCA and signing the 2001 letter. 'We understand the secret ballot is allowed for, but not required by Mexican labor law. However, we feel that the secret ballot is absolutely necessary in order to ensure that workers are not intimidated into voting for a union they might not otherwise choose,' Miller and the other card check co-sponsors said in the letter." (Kevin Mooney, "Examiner Editorial Special Report: Card Check Co-Sponsors Favor Secret Ballot For Mexico, But Not For U.S. Workers," Washington Examiner, 2/19/09)

But last week a Miller staffer sent an email obtained by Marathon Pundit that issues talking points against a Republican bill that will protect workers by blocking "sneak attack" union elections:

Stop the War on American Workers Vote NO on H.R. 3094, the Election Prevention Act

From: The Committee on Education and The Workforce - Minority Staff
Sent By: Daniel.Brown@mail.house.gov
Bill: H.R. 3094
Date: 11/16/2011

Stop the War on American Workers
Vote NO on H.R. 3094, the Election Prevention Act

Americans across the country are rejecting the special interest-financed assault on the middle class. Yet Republicans in Washington continue their overreach. Instead of working to create jobs, House Republicans are moving to strip fundamental rights from American workers.

In the latest example, House Republicans may soon bring H.R. 3094, "the Workforce Democracy and Fairness Act," to the House floor. More aptly named“The Election Prevention Act," this bill is designed to delay and ultimately prevent union elections. It undermines the rights of American workers to organize and collectively bargain - rights that helped create and sustain the American middle class.

The "Election Prevention Act" denies workers’ right to a free and fair union election in three key ways:

The 'Election Prevention Act' mandates delay, rather than minimizing undue in elections. The bill's overarching concern is that workers' choice be postponed with mandatory, arbitrary waiting periods. For instance, no election may occur sooner than 35 days after the filing of a petition. However, there is no limit on how long an election may be delayed.

Rather than discouraging frivolous litigation, the Election Prevention Act encourages it. The bill incentivizes a mountain of litigation before union elections can be held, and will create a massive backlog on the taxpayer's dime. Delay gives unscrupulous employers more time to use any means, legal or illegal, to pressure employees into abandoning their organizing efforts.

The "Election Prevention Act" manipulates the procedure for deciding who is in a bargaining unit. Employers would be able to gerrymander who can vote in a union election, and even prevent an election from being triggered, by a radical rewrite of labor law that would allow employers to stuff the eligible voter list with employees who were never engaged by the organizing drive. And, although employers already have employee contact information, this bill keeps the voter list from those supporting a union until right before the election.

House Republicans are so distracted in attacking their perceived political opponents that they have ignored the need to focus on job creation. The Election Prevention Act is the latest illustration of this special interest-backed obsession. I urge you to VOTE NO on H.R. 3094 and help protect workers' rights critical to a strong and growing middle class.

If you have questions or would like more information please contact Daniel Brown (5-3725) with my staff.

Sincerely,

GEORGE MILLER
Senior Democratic Member
Committee on Education and the Workforce