Voting by secret ballot is a
cherished right few Americans would blithely sacrifice. Who, after all, would
feel comfortable casting a vote in full public view, with political party hacks
and government officials watching every move and taking names? But organized
labor, having lost a number of recent certification elections, is pressuring its allies in Congress to deprive workers of that very right when deciding if they want to join a union. Why would union leaders claiming to be friends of workers and democracy now seek to undermine a pillar of democracy for those very same workers?
Prime Minister William Ewart
Gladstone brought the secret ballot for political elections to Britain in 1872.
Before that time, the law required every voter to publicly declare which party
or candidate he favored. Voters could easily be intimidated, and they frequently
were.
In 1858, the New Zealand Parliament
mandated that each voter state aloud whom he was voting for at local polling
places. Officials would record each vote in a book and the voter then signed his
name next to it. At least one newspaper even printed a list detailing how
everybody, by name, had voted. This lasted 12 years until Parliament bowed to
reformists and introduced the secret ballot.
"Oral balloting" was not uncommon
in the early decades of American history, though it all but disappeared by the
middle of the 19th century. The secret ballot came to be widely regarded as an
anti-corruption, pro-democracy reform that would allow voters to follow their
conscience in political contests. When Congress set the rules for union
representation in the 1930s, Americans expected that union organizing should
likewise be free of intimidation.
At issue now is organized labor’s
push to supplant the 1935 National Labor Relations Act requirement of a secret
ballot with what labor officials call a "card check." Under this system, if a
majority of workers simply sign a card, no secret-ballot election would be held
and the union would automatically be authorized. Everybody would know who voted
and how, including the local union representatives who wield great influence
over workers’ futures.
The numbers help explain organized
labor’s move. In 2001, the National Labor Relations Board supervised nearly
2,700 representation elections at work sites around the country. Unions won 54
percent of those elections, even though more workers overall voted to
reject a union (a total of 95,458 across all elections voted no, while 81,347
voted yes). Secret ballots, therefore, are risky if you really want to win.
Organizing efforts in 2006 produced almost 1,000 fewer elections with only
marginally better outcomes for unions. Card checks could get the job done with
considerably more ease (if not sleaze) than those nettlesome and unpredictable
secret ballots.
Where do union workers themselves
stand on the issue? A 2004 survey of union workers conducted by Zogby
International for the Mackinac Center for Public Policy found that 53 percent of
union members would prefer the current secret-ballot system to one in which
union organizers need only gather a majority of signatures before a workplace is
unionized.
The Zogby survey, detailed in a Mackinac Center
policy brief, also showed that union employees would oppose card-check
initiatives even more strongly if they saw the card-check system as a threat to
their privacy and to current safeguards:
78 percent would keep the current secret-ballot process, rather
than replace it with one less private.
71 percent agree that the current government-supervised,
secret-ballot process is fair.
66 percent do not think their company and union organizers should
be able to make a special agreement to bypass secret-ballot elections.
63 percent believe stronger laws are needed to ensure the existing
secret-ballot process lets members make their decisions about forming a union in private.
Fewer than one in 10 private-sector workers in
America these days belong to a union. Organized labor, a mere 7.4 percent of the private work force, seems unable to attribute its free fall to anything other than nasty employers or nefarious market forces. Perhaps its own tactics, such as assaulting the right to a secret ballot, help explain its doldrums.
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Lawrence W. Reed is president of
the Mackinac Center for Public Policy, a research and educational institute
headquartered in Midland, Mich. Permission to reprint in whole or in part is
hereby granted, provided that the author and the Center are properly cited.