It’s been two years since the Oregon Legislature passed a
law giving public employees the ability to unionize by “card-check,”
and in that time only 110 workers — at six workplaces —
have joined a union through that method. The largest of those is
Klamath Community College in Klamath Falls, where last month cards
were turned in for a group of 70 workers to become members of Oregon
Education Association.
Card-check is an alternative to the conventional elections that
are held to determine whether workers want to unionize. In card-check,
a union is certified if a majority of workers sign cards saying
they want it.
Four other workplaces, totaling 66 workers, would have unionized
via card-check, except that a provision in the law forces an election
if 30 percent of workers sign a petition requesting one. The pro-union
majority held together in three out of those four elections. In
the fourth, pro-union office workers at Columbia Peoples Utility
District lost by a single vote a bid for their unit of 20 to join
Electrical Workers Local 125; a worker who opposed the union was
able to get several anti-union workers added to the defined bargaining
unit, and that tipped the balance.
Finally, one other unit of four workers would have unionized by
card-check, but the employer, Crooked River Ranch Fire Department
in Terrebonne, agreed to recognize the union voluntarily before
the Oregon Employment Relations Board verified cards.
That’s not much result for a hard-fought law that failed the
first two times it was introduced in the Oregon Legislature. Card-check
for public employees was considered a top legislative achievement
for labor in 2007.
“We were given the impression the floodgates were going to
open,” said elections coordinator Sandra Elliot, who certifies
public employees unions for the Oregon Employment Relations Board.
“They didn’t.”
Danica Finley, organizing director at Service Employees Local 503,
said card-check is good policy, even though her union hasn’t
yet used it to certify regular public employees. Local 503 did use
a card-check process to become bargaining agent for about 4,000
child care providers and 3,500 adult foster home providers. But
Finley thinks among state employees, only a few thousand unionizable
workers remain nonunion, compared to at least 43,000 who are union-represented.
And some nonunion workers are close enough to unionized co-workers
at the same agency that they use a different process when they want
to join the union — a “unit clarification” election.
Finley said if a union campaign gains traction at any of the remaining
nonunion state agencies, such as the Oregon Lottery or the Oregon
Judicial Department, card-check would almost certainly be the process
used.
Union foes have opposed card-check wherever it has been proposed.
Oregon ballot measure activist Bill Sizemore has toyed with the
idea of running a ballot measure campaign to eliminate Oregon’s
public employee card-check process. And card-check has been a central
part of the national debate over the Employee Free Choice Act, a
bill in Congress.
The Employee Free Choice Act is the most significant labor law reform
to be considered in over a generation. As introduced, it would require
private-sector employers to recognize a union through card-check.
Business groups have argued that card-check is undemocratic because
it eliminates secret ballot unionizing elections. But Local 503’s
Finley says card-check is more democratic, not less.
“With card-check, you have to have a true majority,”
Finley said, “whereas in an election, just those who choose
to vote get to decide.”
Brett Nair, community college consultant for the Oregon Education
Association, has helped workers unionize using both methods, and
says card-check is a real leg up for employee rights. Last month,
Nair helped the Klamath Community College faculty group unionize
through card-check. Nair said it was a faster and fairer process
than the one he had to use when organizing faculty at Eastern Oregon
University for American Federation of Teachers-Oregon.
The old process was burdensome, Nair said, because it necessitated
a “double majority.” First a union showed majority support
on cards, and then that majority had to vote again. At Eastern Oregon
University, employer objections delayed the election seven months
— and then workers even had to vote a third time, when a group
of anti-union employees came back later and tried unsuccessfully
to decertify the union.
“With card-check, you don’t have to establish twice
that a majority wants a union,” Nair said.
And the cards make it clear to signers that when once a majority
have signed, they get a union — without the extra step of
an election.
“I strongly believe that all non-represented employees should
seek the benefits of union organization and should organize themselves,”
Nair said. “The new law, through card-check, provides people
with an expedited and fair process to do that.”