There
they go again.
The
country�s commercial interests - and the right-wing, if they aren�t
the same - are getting themselves worked up over a proposed change
in one of the country�s major labor laws and they don�t want to
see it happen.
We
have two sets of such laws in the country, the National Labor
Relations Act (NLRA) and the Railway Labor Act (RLA). The latter
primarily covers those in the transportation industries, such
as railroads and airlines, while the NLRA covers most others in
the private sector.
In
America, we have a tradition
in elections of majority rule. That is, in an electoral contest,
whoever gets 50 percent plus one vote is declared the winner and
it doesn�t matter what percentage of the electorate votes in a
particular election.
That
pretty much holds true for most American elections - except for
the RLA, which, for the past 75 years, has run its elections for
union representation in such a way that any worker in the bargaining
unit who doesn�t vote is counted as a �no� vote.
So,
if 45 percent of the �electorate� in a railroad union election
chooses not to cast ballots and the remainder vote overwhelmingly
for the union, but fall short of a winning that elusive 50 percent
plus one, the workers don�t get their union.
And
that�s the way the railroad companies and the airlines like it.
And that�s the way Corporate America likes it - anything to hamper
union organizing and holding American workers in a kind of representational
limbo, as far as their economic security goes.
Early
this month, two of three members of the National Mediation Board,
which sets the rules for RLA elections, proposed a change that
would provide a one-worker-one-vote for union elections and would
eliminate the un-American aspect of counting the non-voters as
�no� votes. The chair of the MNB, a leftover appointment from
the Bush Administration, has protested the move, saying that,
usually, such changes were done by consensus among the three members.
If
the current rule were in effect throughout the entire U.S.
population, in the national elections and in the various states
and local governments, since a large percentage of Americans don�t
vote, it would be nearly impossible for anyone to get a majority
of the entire electorate.
The
howls of �unfair� have come from business groups and one of the
nation�s premier �Astroturf� groups (fake grass roots organizations),
The Right to Work Committee (known among union workers as the
Right-To-Work-For-Less-Committee), which described the proposed
change in this way:
The
RTWC describes itself as �America�s
preeminent workers� rights advocacy organization,� but it is not
a worker organization. They do not fight for safety on the job,
decent wages, good medical benefits, paid sick leave, paid family
leave, good pensions, or anything else that might be good for
workers and families. Rather, its primary reason for existing
is to thwart union organizing and put as many roadblocks in the
way of providing American workers with effective unions, which
do exist to provide all of these things for workers.
The
committee and its legal foundation usually can find a few workers
who are willing to be used to further the ends of the RTWC, but
it is by no means a workers� membership organization, as one might
believe from their public relations.
But
the RTWC is not alone, there are all of the other groups that
claim to be �for� American working women and men, while all the
time fighting against the only institution, the labor movement,
that exists to better the lives of tens of millions of workers
in the U.S.
Remember
the Employee Free Choice Act (EFCA)? These same business interests,
like the U.S. Chamber of Commerce, and a number of other similar
groups and the right-wing think tanks that do their bidding, howled
in opposition to the section in EFCA that would have allowed workers
in a particular workplace to form a union if 50 percent plus one
of those workers signed union cards. That
section was called �card check� and the howling was enough to
get it removed from the legislation.
That
was a majority rule situation, but Corporate America whined that
it would deprive the workers of an election, which is a sacred
tradition in the nation. A secret ballot election is what they
wanted for all workers.
Except,
that is, for those under the unusual RLA rules. They could just
get by with an election in which all those who stayed home would
be counted as �no� votes. Strange that business interests are
not complaining about the way elections are run under the RLA,
which is against the �sacred tradition� of elections being won
by a majority-plus-one of the people who actually vote.
Their
reasoning for fighting for the status quo is simple. In this case,
the most immediate case is that of FedEx and UPS. For whatever
reason that was cooked up at the time Federal Express was formed,
it was put under the RLA, as opposed to the NLRB, which would
have made it easier for unions to organize. UPS is under the jurisdiction
of the NLRA and it is a union company, most of its workers being
Teamsters.
When
FedEx workers tried to organize in 1996, the company lobbied with
all of its money and muscle to force Congress to keep the company
under the RLA, thus making it much more difficult for workers
to organize. FedEx was successful and now, if its workers want
to organize a union, they have to mount a campaign from coast
to coast, among the 80,000 workers in facilities in every part
of the country.
Congress
was able to justify its move to allow the RLA to retain jurisdiction
over FedEx because it is an �airline.� However, it appears that
it is no more an �airline� than UPS, which also has its fleet
of cargo planes and organized pilots and flight crews, yet it
has always been under the jurisdiction of the NLRA, since the
law was passed.
The
campaign by RTWC, the U.S. Chamber, and others to keep the unfair
RLA election rule will be conducted with all of the power and
might of Corporate America, simply because it keeps American workers
from organizing and representing themselves in the workplace.
These
are the same people who removed jobs by the tens of millions and
whole industries to low-wage countries, all in pursuit of profits
and all without regard for the devastating effects on the American
people and their economy.
Whatever
their rhetoric and public relations, they are not friends of wage-working
Americans.
BlackCommentator.com Columnist, John Funiciello, is a labor organizer
and former union organizer. His union work started when he became
a local president of The Newspaper Guild in the early 1970s. He
was a reporter for 14 years for newspapers in New York State. In addition to labor work,
he is organizing family farmers as they struggle to stay on the
land under enormous pressure from factory food producers and land
developers. Click here
to contact Mr. Funiciello.