090118: Our Workers Deserve Secret Ballots

(Wall Street Journal) -- When President-elect Barack Obama initially announced his economic team, one important player was conspicuously absent: his pick for secretary of labor.

But America's work force is central to our economic recovery in the near term and to our sustained prosperity in the long term. Seventy percent of our economy is consumer driven. And most of that consumption depends on workers' paychecks.

The Labor Department has tremendous resources to protect American workers and help them be more competitive in the world-wide economy. The department also has the power to harm American worker competitiveness through misguided regulations and punitive policies that would cause jobs to go overseas or disappear entirely.

Over the past eight years, the Labor Department has worked hard to ensure that labor regulations protect workers, without needlessly making it harder to create and keep jobs in America.

And our record speaks for itself. Today we have record-low workplace injury, illness and fatality rates. The department set new records in the number of workers recovering back wages owed to them through effectively targeted enforcement and our compliance assistance program. To meet the needs of workers in our knowledge-based economy we launched new programs to bring employers, workers, unions and educators together for new training and new career opportunities. The department also secured record monetary recoveries for workers' pension plans.

On the regulation side, we updated old, outmoded rules. These rules were written for jobs such as "key punch operator" that aren't relevant any more. These rules stymied productivity and made compliance nearly impossible, while doing little to protect workers.

You might have also heard about our efforts to update union financial disclosure regulations for the first time in over 40 years. Our new disclosure rules have helped rank-and-file members better understand where their dues are being spent.

This is only a partial list. The bottom line is that we have worked to be pro-worker without strangling the workplaces that employ them. And we've done that because to ride out tough times and stay well positioned for future growth, it is vital that the Labor Department not push regulations that impede job growth.

Yet special-interest groups that purport to have workers' interests at heart are agitating for more workplace mandates. And there will be pressure on the department to retreat from efforts to make federal job-training programs actually prepare workers for real-world jobs in the new economy, instead of funding duplicative programs that train workers for the types of jobs that are disappearing.

One of these counterproductive, special-interest initiatives is "card check," which would deprive workers of the ability to vote privately in workplace unionization elections -- a vital worker protection that dates back to the Taft-Hartley Act of 1947.

There is a push in Congress to enact card check despite the fact that the vast majority of workers -- including rank-and-file union members -- want to keep the private ballot system in workplace unionization elections and do not want it replaced by a signature card process that will subject them to the pressures of solicitation and potential intimidation by union activists. Ironically, to decertify a union, labor leaders insist on holding private-ballot elections to protect workers from employer intimidation.

Another destructive and undemocratic aspect of the card-check bill is a provision for government-dictated labor contracts in newly unionized workplaces. Under the bill, if an initial labor contract is not agreed to within a congressionally dictated timetable, the government could designate an "arbitration board" to write a labor contract that employers and workers would be forced to live under for two years. This is not just a problem for employers. Workers would not have any right to ratify or reject the contract.

The Labor Department has a far-reaching impact on every worker and every workplace in America. For the sake of all of America's workers, special-interest agenda items must be balanced with economic reality and the need to keep all these workplaces in America.

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