April 11, 2009
Via First-Class Mail
All Senators
Senate Office Building
Washington DC 20510
Re: S. 560 and H.R. 1409 and Employee Free Choice Act 2009
Dear Senators:
I would like to introduce myself. My name is Steven Maritas. I am the Organizing Director for the International Union, Security, Police and Fire Professionals of America (SPFPA), the largest, oldest and fastest growing 9(b)3 union in the United States today.
SPFPA specializes in the representation of security police who are entrusted to protect high profile facilities such as the Pentagon, Department of Homeland Security, Department of Labor, Ronald Reagan Building, Disney, Cape Canaveral, NASA, nuclear facilities and many other state and federal facilities all across the United States.
Since there are only a few certifiable 9(b)(3) unions that can be certified by the National Labor Relations Board, SPFPA is at the forefront of the labor movement in regards to organizing security police officers nationwide. Most recently, the Bureau of National Affairs (BNA) had listed the SPFPA once again in the top 15 most active unions in respect to organizing in 2007, which is a record I am proud of and have maintained since becoming Organizing Director back in 2002.
As for my background, I have been an organizer for over 30 years, taking on the best union busters in the business and defeating many of them with strategies only someone with street smarts and book smarts can do. As a second-generation trade unionist and an expert in the field of union organizing, union busting and implementing strategies that work, leads me now to my next order of business which is passing The Employee Free Choice Act.
As you might not be aware, I presently run several websites, and over 100 newspaper blogs, notably, Politico, Jacksonville Times, Bizjournal, Houston Chronicle, Miami Herald, SF Gate, Kansas City Star, Indy Star, Twitter, Indy Media, Facebook and MySpace just to name a few. I use these Internet communication outlets to both educate the public on the benefits of the Employee Free Choice Act as well as counteracting the oppositions misinformation campaign union-busting FEAR and intimidation campaign.
The list includes such notable corporate front groups such as The Coalition for a Democratic Workplace, and Save our Secret Ballot as well as the U.S. Chamber of Commerce.
As to the strategy being used by these corporate front groups designed by Navigators Global (see enclosed information on this company Press Coalition for a Democratic Workplace when you get to the website) their strategy that the Employee Free Choice Act will eliminate “Secret Ballot Elections” is on target and correct to a certain extent.
I say certain extent for the following reason:
If you read the wording of both S. 560 and H.R. 1409 and Employee Free Choice Act 2009 you will see that it clearly states:
If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a).
Based on the above the Board shall not direct an election if majority status is proven.
Thus opponents of the Employee Free Choice Act are correct based on the wording of S. 560 and H.R. 1409 and Employee Free Choice Act 2009. The Labor Board would make this decision NOT the employees. However the "Secret Ballot" would Not be eliminated it is only an alternative to a "Secret Ballot" election which could be filed under EFCA!
This now leads to a winning strategy whereby we can compromise without losing any ground; defeating the argument that the Employee Free Choice Act would eliminate “secret ballot” elections, gain broader support from both the democrats, republicans who may be open to compromise and the general public, while at the same time give new meaning and spirit to The Employee Free Choice Act! How?
Back in January 12, 2009 I had written an article on my blog called Amending the Employee Free Choice Act A Compromise Every Union Could Live With:
http://efcanow.blogspot.com/2009/01/amending-employee-free-choice-act.html
I have also written an article on my blog on March 19, 2009 called Thinking Outside The Box to Get The Employee Free Choice Act EFCA Passed!
Before I go into “how”, we must first look at the current process.
Presently when a worker wishes to organize he must first sign a union membership authorization card. The intent of the card is used as a showing of interest before the National Labor Relations Board (NLRB) to either trigger an election or seek majority status through a card check if the employer under the present system wishes to recognize the Union if majority status is proven. When you look at the design of the union membership authorization card all unions use a similar standard membership card which states: I hereby authorize the (name of the union) to represent me for the purposes of collective bargaining to improve wages, benefits and working conditions. You then have the applicant’s signature and date signed (see enclosed card).
The Solution to a Winning Strategy: Dual-Purpose Membership Card
By implementing a Dual-Purpose Membership Card as part of the Employee Free Choice Act, compromise you now have a winning strategy, which gives true meaning to the spirit of Employee Free Choice based on the fact that the employee decides which method to be used - “A Secret Ballot Election” or waiving their right to “A Secret Ballot Election”. In either case, the employee chooses! Not Management, Not The Union, Not the National Labor Relations Board….The Employee!
Furthermore it completely takes away the strategy that the Employee Free Choice Act would eliminate “Secret Ballot Elections”. The opposition’s strongest argument.
The intimidation issue raised by these corporate front groups would still be there regardless of which method you use and/or under the present system, but the argument is watered down since it is the employee who will ultimately decide which method to choose and will be clearly spelled out on the Dual-Purpose Membership Card.
These Corporate Front Groups would now be in a Tailspin Losing their Theme Strategy.
Under my EFCA compromise proposal :
Employee would now have the FREE CHOICE to Choose, which method to choose from “Secret Ballot” or a majority sign up under EFCA.
You Eliminate the “Secret Ballot” Argument.
50 plus one would be needed for those who elect to waive their right to a “Secret Ballot” election vs. 50 plus one of the total bargaining unit.
You will now gain much wider support from the general public
You now put at ease both Democrats and Republicans who have stated they would support cloture if a compromise bill is set forth.
No union or worker would be opposed to this method.
The same objective would be accomplished without losing strength.
This is how You Beat A Union Buster at their own Game and the way to pass the Employee Free Choice Act.
These corporate front groups would now have to resort to attacking the binding arbitration process, which is of less of a concern for the general public. Democracy still would exist with a Dual-Purpose Membership Card and you and the co-sponsors of the bill can now take credit for compromising on the bill, which we already know will be needed to achieve success without hurting the labor movement or the workers.
A WIN WIN Situation for All except those who oppose it in any shape or form.
I ask that you consider this winning strategy and that you confer with your constitutes and the top labor officials as to its merits.
Thank you for your time and please do not hesitate to call upon me if needed for any reason. I can be reached at 646-567-6454.
In Solidarity and Respectfully
________________________________
Steven A. Maritas
International Organizing Director SPFPA
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Tags: Employee Free Choice Act, EFCA, Employee Free Choice, Free Choice Act,Employee Free Choice Act Compromise, Senators, Free Choice, EFCA politics, EFCA News, EFCA Dual-Purpose Membership Card, Corporate Front Groups, The Coalition for a Democratic Workplace, Save our Secret Ballot, Chamber of Commerce, Navigators Global