Legislation may affect Hampshire unions
In News
Hampshire College labor supporters celebrated last week when the House of Representatives passed a bill aiding the formation of new unions. If enacted, the bill would remove many of the obstacles faced by union organizers in 1994 and 1997.
The new bill, HR 800 or The Employee Free Choice Act, would eliminate an employer's right to demand a secret ballot. Once a majority signed union authorization cards, employers would be forced to recognize the union, and collective bargaining would begin within 10 days of a written request by the union.
Under current law, for a union to be formally recognized, a majority of workers must sign union authorization cards to signal their willingness for representation. Employers can then demand a secret ballot, which often takes months or even years to organize.
The Hampshire union drives of the 90s failed after what supporters call a campaign of management intimidation and misinformation created by the administration of President Greg Prince in the time leading up to union elections.
Employers commonly use the lengthy period to conduct anti-union campaigns using superior funds and access to employees, with tactics that include one-sided information sessions and intimidation.
"The statistics are shocking," said Representative John Olver (D - MA), an Amherst resident. "Every 23 minutes, a worker is fired or otherwise discriminated against because of his or her union activity, and 25 percent of employers illegally fire at least one worker for union activity during an organizing campaign." Other statistics show that 36 percent of employees who vote against union representation claim that their vote is a direct result of such methods.
Republican critics argued the opposite, saying that if HR 800 is made law, workers will be intimidated into joining unions against their will. Republican Chief Deputy Whip argued the bill should be called "The American worker compulsion act." When asked about this fear, Rep. Olver agreed, "There are abuses on each side." However, he argued, "Democrats believe that the playing field is no longer even; that the pendulum has swung to far in the favor of management...This bill is meant to achieve an even keel between workers and management."
But will it? Alex Cookman, speaking for the group Hampshire College Students for the Freedom to Union (HCSFU), says that if the Hampshire union drives of the 90s had occurred under HR 800 "there is absolutely no question that Hampshire's staff would be unionized today."
The question, said Cookman was whether the same desire for union representation exists today, "I don't want to say that HR 800 has come to late to be of any help, but the damage done by Greg Prince's administration is lasting. Most of the openly pro-union employees have been intimidated into leaving the college." But in future drives, he said, "the bill will be an invaluable tool."
After fierce debate, the House passed the bill 241-184 mainly along party lines, with 12 Republicans voting for and two Democrats against. However it remains to be seen if the law will survive the Senate, where it will be introduced by Massachusetts's Senator Edward Kennedy. Senate Republican Senator Mitchell McConnel of Kentucky is expected to mount a filibuster, however, AFL-CIO president John Sweeney said in a news conference that he is "confident we will be successful in the Senate."
Massachusetts Senator John Kerry said in a statement to The Climax the he will be joining Senator Kennedy in co-sponsoring the bill.
The real problem, believes former UMass Union President and visiting Assistant Professor Chris Vials, is "because it's so important there's no way in hell it's going to get signed by President Bush." The White House has signaled that they are prepared to veto the legislation as it stands. Congressman Olver told the Climax, "I do believe that the president will make good on his threat to veto the Employee Free Choice Act," and he admitted "having the votes for a 2/3 override in the senate might be a stretch."
"But", he said "Democrats will continue working on this issue. In fact, it wouldn't surprise me if Democrats made this an issue for the 2008 presidential election."
"If the next president is a Democrat then perhaps this legislation won't be vetoed the next time it make it to the President's desk."