S. C. R. No. 2 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

S. C. R. No. 2

Senator Gibbs

Cosponsors: Senators Seitz, Schuring, Faber, Buehrer, Schuler

A CONCURRENT RESOLUTION

To request the Ohio Congressional delegation to 1
oppose legislation that disenfranchises Ohio 2
workers by removing their right to a private 3
ballot union election. 4

BE IT RESOLVED BY THE SENATE OF THE STATE OF OHIO
(THE HOUSE OF REPRESENTATIVES CONCURRING):

       WHEREAS, The right to a private ballot when voting on 5
external representation is fundamentally inherent in our 6
representative Republic and shall not be infringed upon; and 7

       WHEREAS, Ohio taxpayers spend tremendous resources to foster 8
and support free elections at home and abroad, it does not make 9
sense to roll back the clock on our own workplace elections by 10
abolishing federally protected private ballots; and 11

       WHEREAS, Passing the Employee Free Choice Act (EFCA) will 12
replace a federally supervised private ballot election with a 13
system that facilitates coercion and intimidation, known as "card 14
check," whereby employees publicly sign cards to vote for 15
unionization; and 16

       WHEREAS, The Chairman of the United States House Education 17
and Labor Committee, Representative Miller (Democrat, California), 18
and staunch supporter of the American "card check" bill, sent a 19
letter to a Mexican government official that states, "...we feel 20
that the private ballot is absolutely necessary in order to ensure 21
workers are not intimidated into voting for a union they may 22
otherwise not choose."; and 23

       WHEREAS, The bill would leave Ohio employees vulnerable to 24
harassment, misinformation, labor union pressure, and would 25
ultimately have a significant negative impact on the Ohio small 26
business community; and 27

       WHEREAS, Small businesses are less likely to have labor 28
counsel and are more susceptible to the complicated legal 29
restrictions employers face during union organizing drives; and 30

       WHEREAS, This legislation departs from over six decades of 31
precedent established by the National Labor Relations Act by 32
imposing contract terms on private employers through a process of 33
compulsory binding arbitration; and 34

       WHEREAS, The mandatory binding arbitration provisions of EFCA 35
deny workers the right to participate in the collective bargaining 36
process between employees and the union; now therefore be it 37

       RESOLVED, That the Ohio Senate (the House of Representatives 38
concurring) finds that so-called "card check" legislation such as 39
the "Employee Free Choice Act" is detrimental to the rights of 40
Ohio workers and an offense against democratic principles, and 41
urges all members of the Ohio Congressional delegation to support 42
worker freedom by opposing the EFCA and any of its components in 43
2009 and in future years; and be it further 44

       RESOLVED, That the Clerk of the Senate transmit duly 45
authenticated copies of this Resolution to the members of the Ohio 46
Congressional delegation and to the news media of Ohio. 47

WHEREAS, The right to a private ballot when voting on	5
external representation is fundamentally inherent in our	6
representative Republic and shall not be infringed upon; and	7

WHEREAS, Ohio taxpayers spend tremendous resources to foster	8
and support free elections at home and abroad, it does not make	9
sense to roll back the clock on our own workplace elections by	10
abolishing federally protected private ballots; and	11

WHEREAS, Passing the Employee Free Choice Act (EFCA) will	12
replace a federally supervised private ballot election with a	13
system that facilitates coercion and intimidation, known as "card	14
check," whereby employees publicly sign cards to vote for	15
unionization; and	16

WHEREAS, The Chairman of the United States House Education	17
and Labor Committee, Representative Miller (Democrat, California),	18
and staunch supporter of the American "card check" bill, sent a	19
letter to a Mexican government official that states, "...we feel	20
that the private ballot is absolutely necessary in order to ensure	21
workers are not intimidated into voting for a union they may	22
otherwise not choose."; and	23

WHEREAS, The bill would leave Ohio employees vulnerable to	24
harassment, misinformation, labor union pressure, and would	25
ultimately have a significant negative impact on the Ohio small	26
business community; and	27

WHEREAS, Small businesses are less likely to have labor	28
counsel and are more susceptible to the complicated legal	29
restrictions employers face during union organizing drives; and	30

WHEREAS, This legislation departs from over six decades of	31
precedent established by the National Labor Relations Act by	32
imposing contract terms on private employers through a process of	33
compulsory binding arbitration; and	34

WHEREAS, The mandatory binding arbitration provisions of EFCA	35
deny workers the right to participate in the collective bargaining	36
process between employees and the union; now therefore be it	37

RESOLVED, That the Ohio Senate (the House of Representatives	38
concurring) finds that so-called "card check" legislation such as	39
the "Employee Free Choice Act" is detrimental to the rights of	40
Ohio workers and an offense against democratic principles, and	41
urges all members of the Ohio Congressional delegation to support	42
worker freedom by opposing the EFCA and any of its components in	43
2009 and in future years; and be it further	44

RESOLVED, That the Clerk of the Senate transmit duly	45
authenticated copies of this Resolution to the members of the Ohio	46
Congressional delegation and to the news media of Ohio.	47