Card Check Scam: Big Labor's Game Changer

The American Enterprise Institute (AEI) is a moderate Washington, DC “think tank.” But, it’s no surprise that they too recognize the dangers of the Card Check Scam Bill.

In a new white paper, AEI says:

There are good reasons to be skeptical of the legislation. It lacks a serious intellectual rationale. Unions claim that the NLRB election procedure is responsible for the steady decline in private-sector union membership. They are mistaken. The union “win-rate” in NLRB-conducted elections has remained relatively constant for many years at more than 50 percent.[1] The most recent statistics show that unions won 67 percent of such elections held during the first six months of 2008.[2] In a recently published monograph, University of Chicago law professor Richard A. Epstein analyzed the numbers on NLRB elections since 2000 against the loss in union jobs due to attrition. He concluded that the loss of union membership is best understood as a “lack of demand for union representation and not a defect in the election process.”[3]

Card check proponents are also wrong in claiming that change is needed because of widespread violations of the law by employers. One oft-repeated claim is that employers unlawfully fire 25 percent of employees who are active in union organizing campaigns. The leading study containing this allegation is widely understood to overstate the problem, as it relies exclusively on unverified reports from union organizers whose bias is evident. Epstein reviewed more recent and objective evidence, including NLRB statistics, suggesting that the statistical likelihood of an unlawful termination is actually less than 3 percent.[4] Card check proponents likewise exaggerate the length of time it takes to conduct an election under current law. NLRB statistics show that more than 90 percent of NLRB-conducted elections take place within sixty days of the filing of the petition.[5] If anything, current law gives unions significant advantages over employers in organizing campaigns. And it is unlikely that President Obama’s appointees to the NLRB will be overly sympathetic to employers accused of being anti-union.