Card check certification encourages and often includes coercion and intimidation. It can result in rushed, uninformed decisions made by workers, who may lack adequate time to reflect on what is in their best interest regarding unionization. The consequences of these decisions can result in years of affiliation with a group with which employees may not agree and to which they will nevertheless be required to pay dues thanks to other provisions in the PRO Act that would outlaw state right-to-work laws.
The secret ballot, on the other hand, is a basic democratic right. It is the best method for ensuring that all workers are given an equal opportunity to make their opinion count. This fact has been acknowledged repeatedly by courts for decades.
Unions have learned from the EFCA fight about a decade ago that they cannot mount a direct assault on the secret ballot through Congress. However, they continue their efforts to pressure employers to take away the rights of their employees through corporate campaigns.
The PRO Act would effectively empower unions to make use of card check once again, without the need to get employers to sign a neutrality agreement. This will rob employees of their right to a secret ballot and subject them to a greater risk of being intimidated, cajoled and coerced by strong-arm union organizers. If the interests of all workers are kept in mind, the secret ballot for union certification must be preserved.