“The Pendulum is Swinging”

As he took oath for office and delivered his inaugural speech, President Barack Obama clearly declared his alignment with the goals and values of organized labor and middle class America.

"In reaffirming the greatness of our nation, we understand that greatness is never a given. It must be earned,” he proclaimed. “... it has been the risk-takers, the doers, the makers of things... who have carried us up the long, rugged path towards prosperity and freedom.

The question we ask today is not whether our government is too big or too small, but whether it works – whether it helps families find jobs at a decent wage, care they can afford, a retirement that is dignified. Where the answer is yes, we intend to move forward."

“The pendulum of the law has tended to swing more toward the side of the employers, rather than toward the side of employees. We now have a serious potential that the law could begin to swing the other way,” stated Michael W. Fox, an attorney with Ogletree Deakins in Austin, Texas. Proposed legislation that could pass under President Obama’s direction is, among others, the Employee Free Choice Act. This Act provides for certification of a union if the National Labor Relations Board (NLRB) finds that a majority of employees have signed written authorization forms designating the union as their collective bargaining representative.

The American Rights to Work website states, “Union elections are unlike any other kind of elections because of the inherent coercive power that management holds over employees—the power to deprive employees of their livelihood and to control their pay, hours and working conditions. According to a survey of 400 NLRB election campaigns in 1998 and 1999, 36 percent of workers who vote against union representation explain their vote as a response to employer pressure. The NLRB election process makes matters worse by enabling management to wage lengthy and bitter anti-union campaigns, during which workers can expect harassment, intimidation, threats and firings. By avoiding these inherently coercive and anti-democratic anti-union campaigns, majority-rule sign-up procedures help employees make freer choices under less duress.”

While some speculate that companies may be more cooperative under Obama’s administration, the pendulum will eventually swing back the way it came. “Now is the time when we are able to make some advances,” stated LU 66 council representative Tony Foti. “To make significant progress, the membership needs to know the facts and get involved.” Contact your local union council representatives for suggestions on how you as a member can contribute while the time is right to win.

Moss, Desda. ”Political Change Is Coming” HR Magazine