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Union document in the Coronavirus Stimulation Act – Mackinac Center

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What does a business that waives its First Amendment rights have to do with the health and economic security of Americans? This is not the case, yet the current version of the “Coronavirus Aid, Relief, and Economic Security Act”, which floats around Washington, seems to require it.

page 524 of language under negotiation applies to loans to medium-sized businesses and reads as follows:

“Any eligible borrower who applies for a direct loan under this program must provide good faith certification that—….

(X) that the beneficiary will remain neutral in any organizing effort during the term of the loan.

What does it mean? That companies with between 500 and 10,000 employees who take out a loan under the program should remain neutral when a union tries to organize them. In other words, they couldn’t communicate with their employees about unionization.

Additionally, although the wording is not clear on what exactly “staying neutral” means, most neutrality agreements contain card-checking provisions that deny an employee the right to a union election by secret ballot.

Instead of having a regular election where employees can vote privately, card check elections allow unions to organize through a petition process where if a majority of employees sign cards, the union is automatically recognized. and represents employees.

Card control can lead to intimidation, deception and coercion of employees, as I wrote in the study “Protect the secret ballot; The dangers of Union card verification. “

At a minimum, however, a midsize business taking out a loan under the CARES Act could mean employees only hear one side of the unionizing debate. This limits the ability of workers to make informed decisions about who should represent them in the workplace. It might even mean that employers should actually accept a gag order after getting over the current crisis.

This section of the CARES law has nothing to do with the current COVID-19 coronavirus outbreak and is simply a handout to unions. Instead of supporting pet projects, Congress should focus on the health and economic security of the country, especially as it passes a massive stimulus bill aimed at helping the country get through the pandemic.

Please note that negotiations on the CARES law are still ongoing and the language may change at any time.


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