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Card check debate thrives

Both sides see bill passage possible despite defections

The Employee Free Choice Act has lost several key congressional advocates, but Sen. John Ensign, R-Nev., refuses to get complacent.

Ensign, who opposes the bill, said Tuesday that he believes it still enjoys solid prospects for passage.


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  • "It definitely has lost support, but there's a caveat," Ensign said. "They say they can't support the bill 'as it stands now.' I get nervous when I hear that saying. This bill is a terrible bill no matter how you write it."

    Labor leaders said they agree the bill has a future, despite faltering congressional support for it.

    "We are still very optimistic," said Amber Lopez Lasater, a spokeswoman for the Nevada chapter of the Service Employees International Union. "Our opposition, which is against building the middle class, has been putting tremendous pressure on elected officials, but our job is to continue to demonstrate a groundswell of support, and to continue to educate all congressional members and make sure they have accurate information."

    Added Alison Omens, a spokeswoman for the AFL-CIO in Washington, D.C.: "We absolutely believe that labor-law reform is going to happen in 2009, and that it needs to and that it will remain true to the principles of the Employee Free Choice Act, which are that workers get a choice of how they want to form their union, there are real penalties for corporations who break the law and once workers choose to form a union, they get a contract."

    The act would allow a majority of employees at a company to organize by signing cards. That's a change from current laws that let employers demand secret-ballot elections before a union can organize. It would boost penalties for retaliation against workers who support unions, and it could require binding arbitration within three months if management and the union can't agree on a contract.

    Detractors say the measure would enable unions to harass and intimidate workers during organizing drives, and mandating arbitration would force a wedge between employers and employees. Supporters say the bill would level a playing field that overwhelmingly favors anti-union employers.

    Ensign came to Las Vegas on Friday to foment grass-roots efforts against the bill. He and the Las Vegas Chamber of Commerce led an informational meeting that drew about 200 attendees to the Lindell Road warehouse of janitorial supplier Brady Industries.

    At the event, participants received cards urging them to sign up for a free lunch at a local restaurant.

    The crowd later learned about the unreadable small print that said anyone who submitted a completed card had just agreed to let a union represent them.

    "That's a perfectly legal way to get signatures for card check, and that is exactly how a lot of these card checks take place," Ensign said. "It's deceptive, and it's a common practice."

    It was only an experiment -- no one actually joined a union Friday -- but it proved an eye-opener for Anne Sutorius.

    Sutorius, owner of ATM/Annie the Maid, attended the meeting because she wanted more information about the act.

    "I was horrified and shocked beyond belief at the duplicity involved in card check," Sutorious said. "The print was so small it could not be read. Everyone fell for it. Everyone who was there trusted Brady (Industries). That's the scary part. An employee, simply by trusting someone they know, can have that trust turned against them. It's so not the American way. It's difficult to understand how it's gotten this far."

    Lasater responded that the SEIU's membership cards are "very up front, in plain back and white." She also pointed to Ensign's record, which she said includes multiple votes against raising the minimum wage and extending unemployment benefits.

    "He hasn't exactly been a hero for Nevada's working families," Lasater said.

    And Omens said the AFL-CIO has held 400 events nationwide, each drawing legions of workers seeking more power in their relationship with business.

    "That's what the Employee Free Choice Act is all about -- giving workers back the freedom to bargain with the corporations who got us into this (recession)," she said.

    But lawmakers seem increasingly wary of affording workers that ability.

    The March 24 defection of Sen. Arlen Specter, R-Pa., stunned observers. Specter was the only Republican who supported the bill when it came before the Senate in 2007, and Democrats needed Specter's vote to forestall a filibuster.

    Newspapers and Web sites ranging from Politico.com to The Hill described Specter's decision to rescind support of the bill as a "major blow" and a "death blow" to the act.

    Since then, Sens. Dianne Feinstein, D-Calif., Blanche Lincoln, D-Ark., and Jim Webb, D-Va., all have said they won't support the bill in its current form. On Tuesday, a spokesman for Labor Secretary Hilda Solis said Solis supports the measure even as the Labor Secretary is leaving to Congress the best way to proceed on the issue.

    Still, Ensign said he believes labor unions have invested so much in helping Democrats win Congress and the White House that they'll be loath to let go of the Employee Free Choice Act.

    Among Nevada's five congressional delegates, Ensign and Rep. Dean Heller, a Republican, oppose the bill. Senate Majority Leader Harry Reid and Democratic representatives Shelley Berkley and Dina Titus all signed onto the bill as cosponsors.

    Contact reporter Jennifer Robison at jrobison @reviewjournal.com or 702-380-4512.

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    LV Worker wrote on May 19, 2009 10:25 PM: The Employee Free Choice Act is key to rebuilding America’s working class and providing more workplace democracy. In Las Vegas, union members are teachers, nurses, firefighters, construction workers, and engineers. In Clark County, most critical county services are provided by union members. Nationally, union members are 52% more likely to have job-provided health care, nearly three times more likely to have guaranteed pensions and earn 28% more than nonunion workers. Union efforts have also historically resulted in greater safety work place safety. Nearly 60 million people would form a union tomorrow if given the chance, but many are fearful that they will be intimidated and even fired for attempting to organize. The EFCA doesn’t prevent employees from having a secret ballot election; rather it gives workers the power to decide whether they want a secret ballot. Majority sign-up is a well established way to form a union, dating back to the passage of the National Labor Relations Act. It is used today by major employers, such as AT&T and Harley-Davidson, as an important part of their successful high-road business plans.


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    hrm wrote on April 30, 2009 03:57 PM: Outstanding article. Ms. Robison wrote the story in a clear, concise manner. A very illuminating article for someone who may not fully understand the issues at hand.


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    Rollo wrote on April 23, 2009 08:07 AM: This is about the Unions wanting to go back to being able to bully their way into businesses. How can a secret ballot be less fair than forced open declaration. This is more about the Unions demanding allegiance from the President and other politcians they bought and paid for. The culture of corruption in Washington and the State houses of this country is appauling! If you want to see the results of Union ownership of goverment watch as California goes broke!


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    Michael wrote on April 22, 2009 08:44 PM: TheTruth,

    I worked in management at major Strip Hotel Casinos with a Union contract for many years. All I can say is, you must have high enough seniority, and you must be in an important enough position to be protected.
    The Culinary Union did not protect thousands and thousands of employees from being laid off; it did not protect thousands more from being "bumped" from day to swing, or swing to grave, or from full-time to part time; you weren't in a position that was eliminated entirely. The union did not, and does not, protect against those things. In a non-union environment, management can cut hours, cut shifts, etc, and everyone can keep their job. The union does not want that. (The only exception was right after September 11 when many properties temporarily agreed to a 4 day work week.)
    If you work at the "best resort" on the Las Vegas strip, I assume you mean Bellagio, Wynn, or Encore. None of those properties are exempt from what I have written about above.


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    TimeRanger wrote on April 22, 2009 01:19 PM: It baffles me that the unions are trying to side-step one of the basic building blocks upon which this country was founded - the right to vote with a secret ballot. I grew up "back east" where unions are extremely strong, and I have seen the tactics used by their organizers - intimidation, threats of violence, vandalism and arson. Now, imagine what can happen if Card Check becomes law. You don't want to sign the card? Ok, just make sure that you get up early every morning to check your car tires.


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    darrin wrote on April 22, 2009 01:06 PM: The Truth.

    It's nice to know that you are having a good laugh about this.

    The core issue here, is to protect the individuals choice without fear of intimidation or retaliation.

    That to me is no laughing matter.

    But, go ahead, yuk it up!


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    David wrote on April 22, 2009 01:01 PM: The problem, as I see it, is both sides have their flaws. If corporations would give employees a fair shake and a decent paycheck, Unions would not come into play. However, Corporate America wants it all their way. Take Station Casinos. They are extremely anti-union and have no qualms about admitting it. However, Stations does not pay competitive wages and benefits. That diminishes their arguement that employees do not need unions to protect their jobs and benefits packages. Stations and too many successful corporations have suceeded on the backs of their employees.
    Unions want too much control over management decisions. Unions can be just as intimidating to non union employees as their foes.
    Which is the lesser of the evils?


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    TheTruth wrote on April 22, 2009 12:19 PM: This is so funny. Seeing these Opinions. I am in a union. I work at the best resort on the Las Vegas strip. Think about how SECRET the ballots for voting are if they are held by Station casinos or Adelson. THEY are the ones intimidating. They let employees know that if they are organizing unions, they will be let go. Ask one of their employees! Thank GOD that I have a union contract, otherwise my hotel would have taken everything away from us already ( pay, insurance, benefits, work days scheduled) while the CEOs give them self RAISES in THIS economy. Unions arent perfect, that is for sure. But, honestly, and be honest, what other resource do employees have to get rights in the workplace. "Just trust your employers, they have your best interests at heart" Are you kidding me?? They would love if I worked for 1 dollar a day. Their allegiance is to the stock holders, and to their own pockets. We voted last time, and we will vote again. Congress, remember this moment.


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    darrin wrote on April 22, 2009 12:04 PM: I was in England back during the coal miners strikes. The issue of union or non union tore families and communities in half. People died in violent clashes.

    Fast forward to today. I see union members with bumper stickers showing a union member urinating on a rat. 'Rat' is their term for a non-union worker.

    Heaven knows what these guys would do to fellow workers who choose not to be represented by a union.


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    chuck wrote on April 22, 2009 11:13 AM: To all politicians everywhere in the U.S.

    Where is your self-respect and dignity?

    How does it feel to be a sell out and a predatory to the American people.

    You are destroying what was once democracy.






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