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Card check, also called majority sign-up, is a method for employees to organize into a labor union in which a majority of employees in a bargaining unit sign authorization forms, or "cards", stating they wish to be represented by the union.
Unions have long advocated for card check recognition requirements via proposed legislation such as the Employee Free Choice Act and the PRO Act. These efforts have repeatedly failed.
The reason for this is simple; card checks are poor indicators of union support and are susceptible to intimidation, coercion, and outright trickery by the unions. For nearly seventy years, the Board and the U.S. Supreme Court have refused to embrace the card check procedure and have consistently rejected its utility.
For nearly 60 years preceding Cemex, an employer had no obligation to recognize a union based on a “card check.” Generally, absent employer consent, a union had to request and win a secret-ballot election in order to gain representative status.
Card Check essentially abolishes secret ballot elections and replaces them with a process that requires only signature cards. Card Check allows unions to skip the time, expense — and potential risk of losing — that comes with secret ballot elections.
However, in practice, the results of the card check usually are not presented to the employer until 50 or 60% of bargaining-unit employees have signed the cards. [3] Moreover, even if every employee has signed cards indicating their preference to be represented by the union, an employer may demand a secret ballot, and refuse to bargain until ...
Governor Newsom just approved “card check” legislation making it far easier for California workers to organize into unions and creating headaches for agricultural employers in the state. Newsom’s signature on September 28 comes after President Biden issued a statement “strongly” supporting the legislation.
AB 2183, the UFW-sponsored bill that guts the secret ballot process for farmworkers, is scheduled to take effect Jan. 1, 2023. Ag employers should begin preparing now to ensure they are not targeted for unionization.
Card-check deprives workers of their privacy and their right to vote, but that makes it much easier to press workers into unionizing. Unions now can use card-check instead of an election if a...
AB 2183 (Stone) is the latest attempt by the United Farm Workers to implement card check legislation in California. The bill was voted out of the Assembly Appropriations Committee yesterday and is now on the Assembly Floor.