130th Ohio General Assembly
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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 oppose legislation that disenfranchises Ohio workers by removing their right to a private ballot union election.


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 external representation is fundamentally inherent in our representative Republic and shall not be infringed upon; and

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

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

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

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

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

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

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

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

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

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