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Defend Workers’ Right to Join Unionsby U.S. Representative George Miller (D-Calif.)LLast fall, I introduced theEmployee Free Choice Act toguarantee American workers’right of freedom of associationand right to collectively bargain.The U.S. tells other nations thatthese rights are fundamental toany democracy. It’s time—in fact,it’s way past time—for workershere in the United States to havethe same rights and protectionswe demand of poorer, less developedand less democraticnations around the world.Unfortunately, the basic laborlaw that Congress enacted in1935 no longer works to protectthe right of workers to form andjoin unions. Recent history is litteredwith the stories of companiesthat harassed, intimidated,discriminated against, or firedtheir workers when they soughtto exercise their legal right toorganize for their mutual benefit.Take Wal-Mart, whose vigorousanti-union activities rangefrom threats and firings tounlawful surveillance. In the lastfew years, Wal-Mart has beencharged with well over 100unfair labor practices and hasfaced at least 50 formal complaintsfrom the National LaborRelations Board. None of thishas apparently deterred Wal-Mart. Current law simply doesnot discourage lawbreakers.In August 2000, HumanRights Watch, which usuallyreviews conditions in developingnations, documented “a systemicfailure to ensure the most basicright of workers [in the UnitedStates]: their freedom to chooseto come together to negotiate theterms of their employment withLocal 125 (SanLeandro, Calif.) VicePres. Ken Young(left) and Local 24(San Francisco) Bus.Agt. Alex Fox (center)discuss issuesof importance tothe BCTGM with U.S.Rep. George Miller(D-CA) at a recentfund raiser.their employers.” No impartialobserver of our law could reachany other conclusion.It is no mystery why workerswant unions. Wages amongunion workers are 26 percenthigher than wages amongnonunion workers. Union workershave better pensions, betterhealth benefits, and better shorttermdisability coverage. Unionworkers have contracts that preventarbitrary firings.But because the deck isstacked against employees whowant to form a union, unions winonly half of elections. That’s whythe Employee Free Choice Actprovides for a new deck, not just anew deal. Under this bill, if themajority of employees sign authorizationcards designating a unionas their bargaining representative,then the NLRB must certify it astheir bargaining representative.The bill also includes provisionsto ensure that a union is notderailed in its efforts to get a firstcontract with an employer. And itstrengthens penalties against companiesthat try to stymie unionorganizing activities or forestall afirst contract with a union. Onlyby making the consequences substantialfor companies that violatethe law can we expect workers’rights to be upheld.The Employee Free ChoiceAct restores integrity to our laborlaw by ensuring that our own citizenshave the same basic freedomwe demand for others. Theright to organize must mean morethan the right not to be fired fordaring to propose a union, andthe right to bargain collectivelymust mean more than the right toendlessly negotiate once a unionhas been selected.This legislation is a fight toenable workers to defend themselves.It is an historic fight thatI will continue until the rights ofworking Americans are fullyprotected.U.S. RepresentativeGeorge Miller (D-Calif.)is the senior Democrat onthe House Education andthe Workforce Committee.6BCTGM News