Congressman's Column by Adrian Smith

Labor Day and our Nation's Workers Labor Day traditionally celebrates the social and economic achievements of the American worker. Unfortunately, this Labor Day finds our nation's workers in a tough spot with an economy in recession and our country's unemployment rate nearing 10 percent. Nebraska has been able to avoid the worst of unemployment numbers for the most part, but our state is still linked to America's overall economy. According to the Department of Labor, in the month of July, 247,000 Americans lost their jobs, bringing the job loss totals since the recession began to 6.7 million and the total number of Americans out of work to 14.5 million. Throughout the month of August, I had the chance to talk with Nebraskans from across the state about health care, energy costs, and the economy. People are concerned about the future of our country, and I want to make sure hasty and irresponsible government action does not make things worse. Currently, there is a push to enact the Employee Free Choice Act - a bill more commonly known as "card check" after a provision which would allow workers to unionize by simply signing in a public petition process rather than through secret-ballot voting. Fair and equal treatment in the workplace begins with individual rights for the employee. The Employee Free Choice Act would require the National Labor Relations Board to recognize unions formed by a petition-based system - without a secret ballot election - if labor representatives obtained signatures from 51 percent of a company's workforce. The bill also would impose a government-appointed arbitrator to set contract terms - including wages and benefits - if companies and newly formed unions can't come to an agreement within 120 days. The legislation also would increase penalties on employers which violate labor laws during organizing periods, but does not strengthen penalties for unions. Employers which improperly intimidate workers or engage in other unfair labor practices to thwart union organizing campaigns should be punished. However, the overall result of this legislation would effectively remove workers' rights to secret ballot elections, leaving them vulnerable to harassment and intimidation. No one ever should be forced into or prevented from joining a labor union, which is why I oppose any measure which would repeal workers' rights to a secret ballot. Instead, I am a cosponsor of the Secret Ballot Protection Act, which would require a secret ballot election to determine union authorization. The legislation I support emphasizes a key tenant of our democracy, whereas card check legislation takes away the secret ballot, in addition to imposing binding arbitration and increasing penalties on businesses large and small. For small businesses which maintain a number of part-timers, union mandates on shifts, pay breaks, benefits and other rules could force many to close their doors. This bill is not designed to create jobs or speed our economic recovery. Instead, it would have a chilling effect on efforts to stimulate the American economy at a time when it is struggling to recover. The bill will drive up the cost of creating jobs for employers, especially small businesses and agriculture producers, and could lead to even greater job losses. The future of this issue is unclear. There remain several hurdles to its final passage - and a final version has yet to be seen. Whatever form the final legislation takes, the goal should be to empower workers to choose whether to organize, as free as possible from intimidation from either the unions or their employers. Workers should have the right to live up to the ideals of Labor Day without being strong-armed by bosses - their own or those of a union.