U.S. Chamber Raises Concern That Card Check Legislation Violates Principles of International Labor Law

Secret Ballot & Arbitration Provisions Highlighted

WASHINGTON, D.C.—The U.S. Chamber of Commerce and the United States Council for International Business (USCIB) sent a letter to Congress today outlining how provisions of the Employee Free Choice Act (EFCA)—also known as card check legislation—contradict the principles of international labor law as defined by the International Labor Organization (ILO).

"Not only will card check legislation hamper economic growth and recovery," said Randel Johnson, vice president of Labor, Immigration, and Employee Benefits at the U.S. Chamber. "The secret ballot and arbitration provisions included in the bill are in violation of the principles of international labor law."

The U.S. Chamber and USCIB highlighted two provisions in the card check legislation that would modify the National Labor Relations Act if the legislation were to pass Congress. They include the elimination of the secret ballot in union elections and imposition of a compulsory arbitration scheme to set the terms of initial collective bargaining agreements. The Chamber believes these provisions are inconsistent with the principles of international labor law as set forth by the ILO and the 1998 ILO Declaration on Fundamental Principles and Rights at Work.

The ILO, which has examined labor laws throughout the world, considers the secret ballot election to be the preferred means for workers to select a union. The ILO prefers the secret ballot election because the risk of reprisal is significantly diminished where workers can express their sentiments in the secrecy of the voting booth. As far as requiring a compulsory arbitration scheme, the ILO has discouraged this practice because it interferes with voluntary collective bargaining and freedom of association. These arguments are elaborated on in more detail in a law review article by Stefan Jan Marculewicz that is attached to the letter.

"We ask Congress to seriously consider the ramifications of passing this legislation," continued Johnson. "It is important that Congress preserve the cornerstones of American democracy, which includes the ability of every worker to vote in private and for employers and employees to reach a bargaining agreement without federally appointed arbitrators."

The letter and article can be viewed at: http://www.uschamber.com/issues/letters/2009/090318_efca.htm

The U.S. Chamber is the world's largest business federation representing more than 3 million businesses and organizations of every size, sector, and region.

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