03/29/2007
Radio Actuality: Card Check Threatens Small Business. Download 1.32 MB mp3 file here.
Download 60-second radio script. (40 KB, Microsoft Word doc)
Contact: Stephanie Cathcart, (202) 314-2056
Senator Kennedy Introduces 'Card Check' Legislation Eliminating the Protection of Private-Ballot ProcessUnions target small businesses in attempt to reverse decreasing membership numbers
WASHINGTON, D.C., March 29, 2007 —Sen. Ted Kennedy (Mass.) introduced today the Senate version of the misnamed Employee Free Choice Act (S. 1041). The legislation, which was introduced before the Senate adjourns for its district work period, includes the support of 47 co-sponsors. The National Federation of Independent Business, the nation’s leading small-business advocacy group, strongly opposes card-check legislation and continues to work to protect the democratic rights of small-business owners and their employees.
This legislation allows labor unions to seek recognition on their terms by eliminating the long-protected—and democratic principle—of private-ballot elections. Instead, this legislation would replace democratic private-ballot union elections with a card-check system, allowing unions to organize simply if a majority of workers sign cards. This technique of organization can often include misinformation, intimidation and coercion, while also intentionally leaving small-business owners uninformed of organizing drives.
“Eliminating the secret-ballot process opens up small-business employees to union intimidation and excludes small-business owners from the decisions affecting their business and employees,” said Dan Danner, executive vice president of NFIB. “Small businesses will be one of the most targeted—and harmed—groups in this last-ditch effort by unions to reverse the trends of their decreasing membership.”
Compulsory, binding arbitration would also be mandated in this card-check legislation. This means that a small-business owner would be forced to recognize the first contract presented by a union within 120 days of card-check recognition. If an agreement cannot be reached, a third-party government representative would intervene and set all terms of pay and benefits for that workplace.
“Allowing a government official to be the primary decisionmaker when it comes to the wages and benefits of a small-business’ employees is unacceptable to our members,” said Danner. “NFIB will continue to oppose legislation that compromises the rights of small-business owners to establish workplace policies and benefit plans that best suit their business and their employees.”
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NFIB is the nation’s leading small-business advocacy association, with offices in Washington, D.C. and all 50 state capitals. Founded in 1943 as a nonprofit, nonpartisan organization, NFIB gives small- and independent-business owners a voice in shaping the public policy issues that affect their business. NFIB’s powerful network of grassroots activists send their views directly to state and federal lawmakers through our unique member-only ballot, thus playing a critical role in supporting America’s free enterprise system.
NFIB’s mission is to promote and protect the right of our members to own, operate and grow their businesses. More information about NFIB is available online at www.NFIB.com/newsroom.

