WSJ falsely suggested a secret ballot is currently required for employees to gain union representation

Written by Jeremy Holden

Published

The Wall Street Journal falsely suggested that a secret ballot election is currently required before workers can form a union, asserting that the Employee Free Choice Act “would allow unions to organize workers without a secret ballot, giving employees the power to organize by simply signing cards agreeing to join.” In fact, current law already allows a union that shows it has the support of a majority of workers to represent the workers if their employer voluntarily agrees to recognize the union.

In a March 10 article reporting that the Employee Free Choice Act (EFCA) was “expected to be introduced” that day, The Wall Street Journal falsely suggested that a secret ballot election is currently required before workers can form a union. The article asserted that the EFCA “would allow unions to organize workers without a secret ballot, giving employees the power to organize by simply signing cards agreeing to join.” In fact, current law already allows a union that shows it has the support of a majority of workers to represent the workers if their employer voluntarily agrees to recognize the union.

As Media Matters for America documented, in its September 2007 Dana Corp. decision, the National Labor Relations Board (NLRB) noted the existence and legality of voluntary recognition: “We do not question the legality of voluntary recognition agreements based on a union's showing of majority support. Voluntary recognition itself predates the National Labor Relations Act and is undisputedly lawful under it.” In the decision, the board later observed that when an employer voluntarily recognizes a union, "[t]he employer's obligation to bargain with the union attaches immediately. For instance ... the union can begin its representation of employees, its processing of their grievances, and its bargaining with the employer for a first contract." In addition, the dissent in Dana stated that “it is beyond dispute that an employer may voluntarily recognize a union that has demonstrated majority support by means other than an election, including -- as in the present cases -- authorization cards signed by a majority of the unit employees.”

Media outlets have repeatedly forwarded the same false suggestion in articles about the EFCA.

From the March 10 Wall Street Journal article:

The battle over the “Employee Free Choice Act” -- expected to be introduced Tuesday -- is seen as a power struggle among labor unions and businesses, as well as a test of whether moderate Democrats and Republicans will push back on Democratic congressional leaders and the Obama administration.

[...]

Sen. [Blanche] Lincoln [AR] is one of several moderate Democrats expressing doubts about the Employee Free Choice Act. The bill would allow unions to organize workers without a secret ballot, giving employees the power to organize by simply signing cards agreeing to join. A second provision would give federal arbitrators power to impose contract terms on companies that fail to reach negotiated agreements with unions. Both provisions are strongly opposed by business groups, including the U.S. Chamber of Commerce and the National Association of Manufacturers.