Secret Ballot

Many Americans would be surprised to know that the right to cast a secret ballot in a national election is not found in the Constitution. Instead it was a method adopted from the Australian system. All states now have provisions in their Constitutions allowing for secret ballots and as such it has become an important way for Americans to choose their federal, state and local leaders. If you ask any American, you are sure to get the refrain that a secret ballot “is the American way.” The purpose was initially adopted to ensure the voter casts a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. Such has been the case since Grover Cleveland was the first American President to be elected by secret ballot in 1892.

Since that date the confidential ballot has been used in everything from voting for grade school student council members to organizing labor unions. The right has always been available to go behind a curtain and cast a vote without threats or intimidation. Fast forward a 100 years and small business community is faced with federal provisions that would allow unions to organize without the benefit of secret elections.

How is this possible? Look at the misnamed Employee Free Choice Act. The bill would amend the National Labor Relations Act to allow employees who work for small businesses (whose gross sales exceed $500,000) to organize a labor union without a secret election. Here is how it works. Currently, a union can be organized if 30% of the employees sign a statement requesting a union. Then a secret vote is held and it must pass by a 50% majority. The EFCA, originally co-sponsored by President Obama, would only require 50% of the employees to sign cards (“card check”) expressing an intent to be unionized and there is no need for a vote or a secret ballot. A retail business only needs to sell $500,000 in gross sales per year and there is no employee minimum number of employees to be affected. With these requirements, almost every car dealer in the nation would be subjected to these rules. A unionized shop would increase costs, restrain productivity, and imperil competitive advantages over non-union shops.

What makes this so important is that the same measure almost passed in 2007. The house passed the Card Check provision but it died in the Senate. With the senate majority solidly in favor of the democrats this issue is sure to rear its head again. Organized labor has seen their ranks decline steadily over the years and they see Card Check as a way to get businesses to organize that might not do so under a secret ballot. In fact, in speeches to labor groups President Obama has promised to push the card check measure.

The intent of the secret ballot in the 1890’s was to prevent intimidation and bribery and a secret ballot for union elections does just that. Imagine a scenario where a union organizer can present a worker with a card to form a union and the worker has no secret alternative to vote against it.

Historically, there was a time for the unions and there is no doubt that organized labor led a great revolution for workers rights. The problem in the automotive industry, especially the American Auto industry, is that the unions have essentially bankrupted the industry. Even as the big three were receiving bailout money before Christmas 2008, they paid hundreds of millions of dollars to retirees as year end bonuses (not current employees, but retirees). At the same time, they were all paying workers at their “job banks” where union members are paid not to work. Moreover, workers continue to receive full benefits with no deductible insurance, antiquated work hours, and pay plans that cannot be supported in today’s economy. Why not let the free market prevail? Instead of unions the competitive advantage should be decided by the laws of Charles Darwin. Good employees who work hard will earn a top wage because they generate that much revenue for the company. Those employees who do not produce will fall to the bottom and be asked to seek employment elsewhere. There should be no requirement that employers keep unproductive employees. If however, a group of employees wants to unionize then put the matter to a vote in the same manner we have been handling elections since the election of Grover Cleveland – the secret ballot.

Call you congressman and senator and urge them to vote AGAINST “card Check.”