This is a guest opinion column
SB 231 filed by Sen.Arthur Orr (R-Decatur), safeguards workers’ right to a private ballot in unionization elections at companies that receive state or local taxpayer funds for economic development. According to federal law, unions are permitted to organize in two ways – either by a private vote of employees in a federally monitored election, or through an inferior process known as "card check" which denies workers a private vote, depriving them of needed information and leaving them vulnerable to potential intimidation or misinformation.
Oftentimes, card check is carried out in public settings to utilize social pressure on workers in front of their colleagues at the workplace or they can be solicited by visiting, sometime repeatedly visiting,workers at their home. Most recently the Los Angeles Times reported the United Farm Workers union has been accused of using “$600in federal relief as bait to trick farmworkers into signing [union]authorization cards.” The union is denying the allegation, but it demonstrates the inherent risks involved with permitting a card check process instead of letting workers vote in private where no one else knows how they voted – just like everyday Alabamans do when they vote for Governor, state elected officials,city council, etc. Americans believe in the sanctity and privacy of the ballot box.
Although companies have the option to decline card check and opt for a private ballot election – allowing workers to vote confidentially – there is no assurance they will choose this route, particularly given unions’ history of waging large-scale “corporate campaigns” in the media meant to target and pressure companies to capitulate.
Laws protecting employees’ right to a private vote also protect job creators from tactics attempting to strong arm companies into taking away that vote. In pursuit of these protections – empowering workers and employers,while safeguarding taxpayer resources – states are seeking reforms to their economic development programs that prioritize these important workplace freedoms.
It’s great to see Alabama following recent similar reforms in its freedom loving neighbors of Georgia and Tennessee. If SB 231passes, Alabama will become the latest state to ensure that taxpayer dollars are used to protect employees’ access to private votes on unionization at companies which receive economic incentives.
While states can’t change federal labor law, they can be incommand of their own requirements and qualifications for corporate receipt of state taxpayer dollars. Senator Orr’s legislation is prudent and timely – with the state protecting the private ballot vote when taxpayers’ dollars are utilized for economic development. The state can and should look after taxpayers’ and workers’ best interests. Voting by private ballot is the only method by which the state can ensure workers can make a fully informed, independent choice about whether union representation is right for them.
We all want fairness and integrity in the union certification process. This law would ensure employees are given ample opportunity for their independent decision to be recognized and respected, while signaling to employers and employees that the state of Alabama honors and respects their interests.
Vincent Vernuccio serves as Labor Policy Senior Fellow at Workers for Opportunity, a national initiative of the MackinacCenter for Public Policy.
Stephanie Smith is the President and CEO of the Alabama Policy Institute.