UAW Asks Auto-Makers to Agree to "Principles for Fair Union Elections"
The United Auto Workers has issued a two page flier entitled “UAW Principles for Fair Union Elections.” The Principles are obviously directed at the various foreign automakers operating non-union facilities in the United States. Among other disputes, the UAW has been engaged in a protracted battle with Toyota over its inability to organize factories primarily throughout the South. This recently issued document appears to be part of a new, long-awaited P.R.strategy to “reset” the union’s efforts.
The document itself is highly critical of the current state of American labor law, and the institutions tasked with its enforcement. Echoing the language used by sponsors and other proponents of the Employee Free Choice Act, the introductory sidebar to the UAW’s “Principles” states:
The current federal framework under the National Labor Relations Act does not protect the rights of workers to freely decide whether or not to join the UAW. ... Employee attempts at redress are futile due to lengthy delays and lack of penalties.
The Principles include commitments by the parties to comply with existing labor law – e.g., not to promise benefits to deter organizing, not to threaten repercussions on account of union sympathies, etc. Law-abiding employers should not have much problem acknowledging these.
Principle 7, however, would require an employer to waive “free speech” rights guaranteed to it under Section 8(c) of the National Labor Relations Act. It reads:
Both the UAW and management should acknowledge that the other party is acting in good faith with good intentions. Negative and disparaging remarks about the union or the company are not appropriate and not conducive to a spirit of mutual respect and harmony, and will not be made by either party.
While respectful discourse is almost always an admirable goal, what if a particular union – or employer for that matter – is not acting in good faith? What if a union officer – or company manager for that matter – is engaged in unflattering behavior which might have a bearing on the way employees view their decision? The National Labor Relations Act guarantees the parties the right to inform employees about these types of things so long as there is no “no threat of reprisal or force or promise of benefit" involved. Principle 7 invites a significant waiver of that right.
But the main reason why employers are likely to be reluctant to sign on to these “Principles” is clearly Principle 5 which would preclude the employer from addressing the issue to its employees without inviting union participation:
During the course of a union representational campaign, employees will have the opportunity to hear equally from both the union and management regarding this issue. There will be no mandatory meetings of employees on the issue of unionization unless the UAW is invited to participate in the meetings. Written and oral communications must be equal. The union must be granted the same ability as the employer to post campaign material.
Many suspect that “equal access” remains high on unions’ regulatory wish list. It was mentioned speculatively in connection with rumored EFCA compromise discussions during the 111th Congress. States have tried to pass so-called "Worker Freedom" or "Captive Audience" laws which outright prohibit mandatory employer meetings to address union organizing -- although many have found legal challenges to pose obstacles. As suggested in its introductory sidebar, the UAW is clearly not waiting for government action on this issue, but rather attempting to obtain it by employer concession at the outset.
Employers approached by the UAW, or other unions advancing similar sets of principles, might review and consider them under the particular circumstances of their situation. Perhaps the most pressing question the Principles beg is: what does an employer get out of it? The flier states:
If employers abide by these principles, we will respect the choice of the workers whether or not they choose to join the UAW.
But what does that mean? If the employer does not agree to the Principles, the UAW will not respect the choice of the workers? The UAW casts employer refusal as a rejection of democratic principles, free speech, and freedom of assembly. What that likely means is failure to obtain employer agreement to the Principles will result in the resumption of corporate campaign efforts against the employer in question. As UAW President Bob King has stated:
Employers in all industries should expect labor organizations, frustrated by a lack of successful legislative reform during the past few years, to return to alternative organizing strategies such as this.
More Resources:
- "UAW Principles for Fair Union Elections" -- UAW Press Release
- "A UAW for the 21st Century" -- UAW President Bob King's speech to the Center for Automotive Research Conference, August 2010.
- "Between the Lines: The UAW's Principles for Fair Elections" -- The Truth About Cars
- "UAW reveals ideas to try to level playing field" -- Detroit Free Press
