Free choice for workers or a Pandora’s box?

I think unions make a pretty good case that employers have unfairly prevented them from organizing workers — especially in fast-growing service-sector industries.

The issue of farm worker rights also needs a fresh look and serious debate.

Here’s Rep. George Miller (D-CA), quoted in Wikipedia:

Although it is illegal, one quarter of employers facing an organizing drive have been found to fire at least one worker who supports a union. In fact, employees who are active union supporters have a one-in-five chance of being fired for legal union activities.

Sadly, many employers resort to spying, threats, intimidation, harassment and other illegal activity in their campaigns to oppose unions. The penalty for illegal activity, including firing workers for engaging in protected activity, is so weak that it does little to deter law breakers.

But Miller’s proposed fix, the Employee Free Choice Act — co-sponsored by North Country Congressman Scott Murphy — has some provisions that deserve a second look.

Specifically, the EFCA allows unions to organize without a secret ballot. Instead, workers can sign a union card to signal their interest in joining.

Rep. Murphy likens it to casting an absentee ballot in elections.

But voters who want their political preferences kept private can easily opt to cast their ballots in the traditional way — behind a curtain at their polling place.

It’s hard to see how this measure protects workers who don’t want to join, but feel intimidated by labor activists and co-workers.

Here’s Rep. John Kline (R-Minn), again quoted on Wikipedia:

It is beyond me how one can possibly claim that a system whereby everyone — your employer, your union organizer, and your co-workers — knows exactly how you vote on the issue of unionization gives an employee ‘free choice’ …

It seems pretty clear to me that the only way to ensure that a worker is ‘free to choose’ is to ensure that there’s a private ballot, so that no one knows how you voted.

I cannot fathom how we were about to sit there today and debate a proposal to take away a worker’s democratic right to vote in a secret-ballot election and call it ‘Employee Free Choice.’

Again…I think advocates of EFCA have made a strong case that the current system has allowed a lot of corporate and management abuse.

But is this the right fix?

Is there a better way to level the playing field — and punish cheaters — while protecting the principle of the secret ballot? Your thoughts welcome.