House Legislation Infringes on Employee Rights and Privacy

National Restaurant Association: 'Private ballots protect free choice'

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. October 14, 2008

WASHINGTN, DC, February 9, 2007. The National Restaurant Association today denounced H.R. 800, the Employee Free Choice Act, sponsored by Rep. George Miller (D-CA), as it came before House Education and Labor's Subcommittee on Health, Employment, Labor and Pensions.

The Association, which represents an industry of 12.8 million employees who work at 935,000 restaurant and foodservice locations, opposes the legislation because it would take away an employee's right to a federally supervised secret-ballot process when deciding whether or not to join a union. It would replace secret ballots with a so-called "card-check" system that lets a union organize if a majority of workers simply sign a card. Under this flawed system, workers' signatures are made public to the employer, the union organizers and co-workers.

"When a union is attempting to organize a workplace, employees sometimes face intimidation and pressure about how they should vote from the union or from management or both," said Association president and chief executive officer Steven C. Anderson. "The only way to guarantee employee protection is through the continued use of a federally supervised secret ballot so that personal decisions about whether to join a union remains private."

"No one -- employers or union organizers - should fear an election conducted by secret ballot. It is the only way to protect an individual's freedom to choose without subtle or overt coercion. Private ballots protect free choice," said Anderson.

Federal courts have repeatedly ruled that federally supervised secret ballot elections are the fairest and most reliable method to determine whether a union has the support of a majority of employees. The Fourth Circuit Court of Appeals wrote "it would be difficult to imagine a more unreliable method of ascertaining the real wishes of employees than a 'card check.'" The Second Circuit ruled -- "it is beyond dispute that the secret ballot election is a more accurate reflection of the employees' true desires than a check of authorization cards collected at the behest of a union organizer."

And, the Sixth Circuit stated that, "an election is the preferred method of determining the choice by employees of a collective bargaining representative."

"We appreciate that a hearing is being held today to hear both sides of this critical issue for restaurant and all small business employees," said Anderson. "We strongly urge Congress to take a second look at this bill that severely restricts many of the nation's hard-working Americans' right to freely choose their own union representation."

The National Restaurant Association, founded in 1919, is the leading business association for the restaurant industry, which is comprised of 935,000 restaurant and foodservice outlets and a work force of 12.8 million employees -- making it the cornerstone of the economy, career and employment opportunities and community involvement.