[Congressional Record Volume 151, Number 74 (Tuesday, June 7, 2005)]
[Senate]
[Pages S6156-S6157]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeMINT:
  S. 1173. A bill to amend the National Labor Relations Act to ensure 
the right of employees to a secret-ballot election conducted by the 
National Labor Relations Board; to the Committee on Health, Education, 
Labor, and Pensions.
  Mr. DeMINT. Mr. President, today I introduce the Secret Ballot 
Protection Act, a measure that would amend the National Labor Relations 
Act, NLRA, to ensure the right of employees to a secret ballot election 
conducted by the National Labor Relations Board, NLRB, when deciding 
whether to be represented by a labor organization.
  The legislation would prohibit a union from being recognized based on 
a ``card check'' campaign. Under a card check system, a union gathers 
authorization cards purportedly signed by workers expressing their 
desire for the union to represent them. By their very nature, card 
checks strip employees of the right to choose freely, safely, and 
anonymously, whether to unionize and leave them open to harassment, 
intimidation, and union pressure.
  The bill also addresses the increasing pressure faced by employers 
from union bosses to recognize unions based on a card check campaign 
and forego the customary secret ballot election supervised by the 
National Labor Relations Board, NLRB, which gives workers the ability 
to vote their conscience without fear of reprisal.
  Under current law, employers may voluntarily recognize unions based 
on these card checks, but are not required to do so. However, threats, 
boycotts, and other forms of public pressure are increasingly being 
used to force employers to recognize unions based on a card-check 
rather than the customary secret ballot election. The need for 
legislation to protect workers' rights could not be more clear.
  It is no secret that hostile campaigns against American businesses to 
discredit employers have become a key organizing tactic used by union 
bosses across the country. These and other pressure tactics are often 
designed to hurt employers, their workers, and the economy, unless the 
demands of union leaders are met. It is wrong that union bosses are 
using these types of tactics at the expense of secret ballot elections, 
depriving rank-and-file workers of the ability to freely vote their 
conscience without fear of retaliation.
  The Secret Ballot Protection Act will preserve the integrity of 
workers' freedom of choice and the right to a secret ballot election; 
it will protect workers from fear, threats, misinformation, and 
coercion by a union or coworkers to sign union authorization cards; and 
it will eliminate a union's ability to coercively terrorize an employer 
into recognition under duress. These fundamental protections can be 
achieved by simply requiring unions to win a majority of worker support 
in an anonymous, secret ballot election which eliminates the shroud of 
union intimidation tactics.
  Supporting the right to a private vote and outlawing the corrupt card 
check practice of allowing union thugs to bully, harass, and scare 
workers who object to union membership is absolutely critical to 
democracy and freedom of choice.
  Secret ballots are an absolutely essential ingredient for any 
functioning democratic system. The lack of secret ballot elections is 
how oppressive regimes manage to stay in power without majority 
support. Repelling such oppression hinges on the ability to walk into a 
voting booth, pull the curtain, and vote for anyone or anything we 
please with confidence the vote will be counted but never revealed to 
anyone who could use the knowledge to retaliate.
  Evidence clearly demonstrates that secret ballot elections are more 
accurate indicators than card checks of whether employees actually wish 
to be recognized by a union. Numerous court decisions echo this fact. 
For example, in the case NLRB v. S.S. Logan Packing Co., the court 
said:

       It would be difficult to imagine a more unreliable method 
     of ascertaining the real wishes of employees than a card 
     check, unless it were an employer's request for an open show 
     of hands. The one is no more reliable than the other.

  There is no question that card checks leave employees open to 
harassment, intimidation, and union pressure. Workers' democratic 
rights should be protected, and the Secret Ballot Protection Act will 
make sure that happens by preserving the secret ballot election 
process. This important measure would guarantee workers the right to an 
anonymous, secret ballot election conducted by the NLRB and eliminate 
the use of intimidation and threats by organizers to coerce workers 
into joining a union.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

[[Page S6157]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1173

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Secret Ballot Protection Act 
     of 2005''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The right of employees under the National Labor 
     Relations Act (29 U.S.C. 151 et seq.) to choose whether to be 
     represented by a labor organization by way of secret ballot 
     election conducted by the National Labor Relations Board is 
     among the most important protections afforded under Federal 
     labor law.
       (2) The right of employees to choose by secret ballot is 
     the only method that ensures a choice free of coercion, 
     intimidation, irregularity, or illegality.
       (3) The recognition of a labor organization by using a 
     private agreement, rather than a secret ballot election 
     overseen by the National Labor Relations Board, threatens the 
     freedom of employees to choose whether to be represented by a 
     labor organization, and severely limits the ability of the 
     National Labor Relations Board to ensure the protection of 
     workers.

     SEC. 3. NATIONAL LABOR RELATIONS ACT.

       (a) Recognition of Representative.--
       (1) In general.--Section 8(a)(2) of the National Labor 
     Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting 
     before the colon the following: ``or to recognize or bargain 
     collectively with a labor organization that has not been 
     selected by a majority of such employees in a secret ballot 
     election conducted by the National Labor Relations Board in 
     accordance with section 9''.
       (2) Application.--The amendment made by paragraph (1) shall 
     not apply to collective bargaining relationships in which a 
     labor organization with majority support was lawfully 
     recognized prior to the date of enactment of this Act.
       (b) Election Required.--
       (1) In general.--Section 8(b) of the National Labor 
     Relations Act (29 U.S.C. 158(b)) is amended--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(8) to cause or attempt to cause an employer to recognize 
     or bargain collectively with a representative of a labor 
     organization that has not been selected by a majority of such 
     employees in a secret ballot election conducted by the 
     National Labor Relations Board in accordance with section 
     9.''.
       (2) Application.--The amendment made by paragraph (1) shall 
     not apply to collective bargaining relationships that were 
     recognized prior to the date of enactment of this Act.
       (c) Secret Ballot Election.--Section 9(a) of the National 
     Labor Relations Act (29 U.S.C. 159(a)), is amended--
       (1) by striking ``Representatives'' and inserting ``(1) 
     Representatives'';
       (2) by inserting after ``designated or selected'' the 
     following: ``by a secret ballot election conducted by the 
     National Labor Relations Board in accordance with this 
     section''; and
       (3) by adding at the end the following:
       ``(b) The secret ballot election requirement under 
     paragraph (1) shall not apply to collective bargaining 
     relationships that were recognized before the date of the 
     enactment of the Secret Ballot Protection Act of 2005.''.

     SEC. 4. REGULATIONS.

       Not later than 6 months after the date of the enactment of 
     this Act, the National Labor Relations Board shall review and 
     revise all regulations promulgated prior to such date of 
     enactment to implement the amendments made by this Act.
                                 ______