Argument: Employers rarely violate the law during union organizing campaigns
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James Sherk and Paul Kersey. "How the Employee Free Choice Act Takes Away Workers' Rights". Heritage Foundation. 23 Apr. 2007 - Illegal Firings Rare. Union activists argue that Congress should replace organizing elections with card checks because employers regularly fire union supporters during organizing election campaigns in order to intimidate the remaining workers. They claim that this happens in one-quarter of organizing campaigns and that there were "31,358 cases in 2005 of illegal firings and other discrimination against workers for exercising their federally protected labor law rights."
If union activists' claims are correct, card checks would actually make it easier for companies to fire union supporters. Companies currently do not know how individual workers plan to vote in the privacy of the voting booth, but a union card signed in public is an entirely different matter. If the practice of systematically firing workers who want to unionize is widespread, then the government should not strip those workers of their privacy by informing employers of exactly who has elected to unionize.
In fact, however, the activists' claims are false. Illegal firings of union supporters are rare. Most unfair labor practice complaints that unions brought before the NLRB in 2005 were either withdrawn or dismissed. The NLRB found substantiated evidence of illegal firings in just 2.7 percent of organizing election campaigns that took place that year.