The "Third Way" On Card Check

By Marc Ambinder

Here it is -- a "statement of principles" from Costco, Starbucks and Whole Foods, under the rubric of the Committee for Level Playing Field: a secret ballot would be required in all circumstances, penalties for intimidation tactics would be increased, and both unions and companies would have equal -- "neutral" access to employees; and employers would be able to kick out unions through the same secret ballot elections that certified them in the first place.  Also: the government wouldn't be able to come in and dictate the terms of collective bargaining.  Seems to me like a lot of concessions toward employers.... but it would still make it easier for unions to organize. 

II. Statement of Principles of Reform "Third Way" Legislation: (1) Secret Ballot. Guarantee the right of management and unions to require a secret ballot under all circumstances. (2) Certification and Decertification Treated Equally. Permit management to initiate a decertification campaign through a secret ballot election just as employees and unions are presently able to initiate certification and decertification campaigns. (3) Date Certain for Elections. Guarantee a fixed time period for the secret-ballot election--i.e., do not permit delays of an established day for a secret ballot to certify or decertify a union. (4) Equal Access to Employees for Campaign Purposes. Level playing field for unions and management to access employees during non-working hours during the campaign period, e.g., permitting each to make presentations to employees at a neutral location concerning the issue of whether to form a union. (5) Expedited Enforcement and Stricter Penalties. Expedited enforcement for serious and pervasive violations of law by labor and management and stricter penalties for serious and pervasive violations (e.g., unlawful discharges), including the penalty of mandatory injunctions when appropriate. (6) Preserve Private Collective Bargaining. No mandatory arbitration that dictates contract terms, but stricter penalties and expedited enforcement for violations of good faith bargaining rules, including an expedited timetable to begin bargaining after union certification.

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http://www.theatlantic.com/politics/archive/2009/03/the-third-way-on-card-check/1711/