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 U.S. labor laws are stuck in the
1930s. That means many workers today have less freedom than they had 80 years
ago.
The majority of unionized workers in the U.S. have never had a chance to vote
for the union that represents them. And because laws to “decertify” unions are
cumbersome – and encourage coercion by union leadership – less than 1 percent of
unions are decertified in any given year, according to the Washington Examiner.
The result is that workers are often stuck with a union authorized decades ago,
even if that union doesn’t represent current employees’ wishes.
But a new federal bill could change all that.
HR 2723, introduced in the House of Representatives in May by Rep. David Roe,
R-Tenn., provides important protections for workers. Among several provisions,
the bill, known as the Employee Rights Act, allows workers a real say in which
union represents them, requires secret ballots for union voting, and ensures
that all workers’ voices count – not just those who align with the union.
 That’s good news for workers in Illinois – who currently have even fewer
protections than their peers in surrounding states.
U.S. labor laws don’t reflect today’s workforce
Federal regulations meant to protect workers are out of date.
The National Labor Relations Act, or NLRA, which regulates collective bargaining
and the relationships between employers and unions in the private sector, was
enacted in 1935. It has remained virtually untouched since that time.
But the American workforce has changed. As industry and technology have evolved,
so have the types of jobs workers hold – and the types of workers unions
represent.
The NLRA only applies to union workers in the private sector. But unionization
is on the decline in the private sector.
Take a look at Illinois. Union representation in the private sector declined to
just over 10 percent in 2016 from over 23 percent in 1983. And many of those
currently represented by unions hold white-collar jobs – a very different
demographic than the miners and other blue-collar workers meant to be protected
by Depression era regulations.
What’s more, 94 percent of unionized workers today never voted for the union
that currently represents them. They’ve never been able to choose for themselves
which union represents them, or whether a union should represent them at all.
And there’s a clear disconnect between the agenda of union leadership and the
opinions of union members. In 2016, exit polls indicated that 43 percent of
union households voted Republican – yet 86 percent of union political support
went to Democrats.
In short, workers today don’t have a real voice in their unions. Only union
bosses – advocating for unions put in place before many workers were even born –
have a say. HR 2723 can change that.
HR 2723 provides workers more freedom
HB 2723 would protect workers in a number of ways:
Recertification of unions to reflect opinions of current workforce
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HB 2723 provides a voice
to workers who have never had a chance to vote on their union.
If a unionized workforce
experiences a turnover, expansion or alteration of more than 50
percent of its workers, there will be a secret ballot election to
determine whether the workers still want the union (or any union) to
represent them.
Secret ballots to prevent union coercion
Unions frequently make unionization or strike votes public. By
making the process private, the vote will better reflect workers’
true opinions rather than union pressure.
HR 2723 provides that voting to select or retain a union, as well as
voting to authorize a strike or approve a collective bargaining
agreement, will be by secret ballot only.
All workers’ opinions count
Many unions only allow members to vote on important issues, such as
contract or strike authorizations. Nonmembers don’t have a say. HR
2723 provides that all workers represented by the union – including
those who are not members – have a right to vote on whether the
workforce will go on strike or accept a contract. A strike or
contract will be authorized only if the majority of all workers
agree.
The majority of Americans – including the majority of union
households – want these provisions
Polling demonstrates that the majority of Americans – including the
majority of union households – support the protections outlined in
HR 2723:
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83 percent of
nonunion households (and 71 percent of union households) support
union recertification elections
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81 percent of
nonunion households (and 79 percent of union households) support
secret ballot union elections
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83 percent of
nonunion households (and 85 percent of union households) support
secret ballots for strike authorization votes
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69 percent of
nonunion households (and 64 percent of union households) support
a majority vote for all affected employees in the workplace –
not just for union members.
HR 2723 is good news for
Illinois
Illinois is surrounded by Right-to-Work states – meaning workers in
neighboring states have more rights than workers in Illinois.
That’s not a good policy when the state already suffers from the
worst out-migration rate in the Midwest, and when, according to a
recent survey, 47 percent of Illinois registered voters have told
pollsters they would like to leave.
While the Illinois General Assembly has failed to make Illinois a
Right-to-Work state, HR 2723 would at least provide some worker
freedom for private-sector workers in the state.
In 2016, more than 500,000 private sector workers in Illinois were
represented by unions governed by the NLRA. Based on national
averages, that means more than 470,000 of those workers never had an
opportunity to vote for their union.
Under HR 2723, those workers would finally have a voice.
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