Crying Over Unspilled Milk 
Big Business Opposes NLRB Rule Changes
by DAVID MACARAY
To its credit, organized 
labor hasn’t been dormant since the disappointing 2009 defeat of the 
EFCA (Employee Free Choice Act), a law that would have given workers the right 
to join a union simply by signing cards (“card check”).  Alas, 
the EFCA, which raised the hopes of labor activists across the country, 
but was subsequently torpedoed by anti-labor Republicans and gutless 
Democrats, headed by President Obama, is now ancient history.
Still frustrated by management’s overwhelming 
advantages in keeping employees from becoming unionized, the AFL-CIO has been 
diligently petitioning the NLRB (National Labor Relations Board) 
to remove some of the roadblocks.  Even if EFCA didn’t become law, 
working people need to be given a fair and fighting chance to join a 
union.  The NLRB’s proposed rule changes, modest as they are, may help 
in that effort.
Because management gains a huge advantage by drawing 
out (stalling) the union certification process—inundating employees with shock 
troops, threats, and virulent anti-union propaganda—one of the 
proposed changes is to speed up the procedure.  The proposed change will allow 
union organizers to file their required forms electronically 
instead of in writing.  In the grand scheme of things, this modest 
adjustment doesn’t amount to much.  Indeed, all it does is streamline 
the process a bit.
But to taste the over-heated responses from groups 
like the U.S. Chamber of Commerce and NFIB (National Federation of 
Independent Business), this minor administrative rule change will result in a 
proletarian revolution, wresting power from America’s businesses 
and placing it firmly in the hands of the big bad labor unions.
Judging from opinion polls showing that approximately 60-percent of American 
workers have expressed an interest in joining a 
union, there seems to be a healthy, grassroots respect for the labor 
movement.  Yet, stunningly, national union membership (public and 
private combined) hovers at barely over 12 per cent.  This startling 
disconnect indicates, among other things, that management has been 
remarkably successful in smothering or deflecting union membership 
drives.
In an attempt to give unions additional access, 
another proposed rule change will require management to turn over to 
union organizers the e-mail addresses of eligible voters.  Considering 
that we now live in the global electronic age, such a request not only 
isn’t unreasonable, it seems like a no-brainer.  But again, because Big 
Business views ease of accessibility to its workers as a threat, it’s 
portraying this request as an administrative hardship.
A third NLRB rule change will require businesses to 
post an 11 X 17-inch poster explaining workers’ rights in seeking union 
representation—rights clearly laid out in the landmark 1935 National 
Labor Relations Act (known as the Wagner Act).  This summary of worker’s rights 
will be required to be posted on the same bulletin board as all 
other company correspondence.
Again, we’re talking about a simple poster here, not 
the Communist Manifesto.  A simple poster summarizing the salient 
features of a 75-year old labor law.  Moreover, it will cost businesses 
nothing.  The posters will be placed on existing bulletin boards and 
will be supplied, free of charge, by the NLRB.
Nonetheless, reactions have been close to 
hysterical.  The AFL-CIO reports that the rightwing website GOPUSA 
referred to the poster  rule as “another disgusting government intrusion into 
private business.”  Really?  Reminding folks of their rights is 
now an “intrusion”?  Have we sunk that low?  Makes you wonder how they’d feel 
about being required to post the Bill of Rights.
David Macaray, a Los Angeles 
playwright and author (“It’s Never Been Easy:  Essays on Modern Labor”), was a 
former union rep.  He can be reached at [email protected]
http://www.counterpunch.org/2011/09/13/big-business-opposes-nlrb-rule-changes/

[Non-text portions of this message have been removed]



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