The way in which unions organize workers is at the heart of Proposition 113.The way unions organize workers is at the heart of Proposition 113. The measure aims to preserve the secret ballot as a way of attaining union representation.
We remember when Sun Tran buses stopped rolling in Tucson recently, as bus drivers went on strike to over contract disputes. The union drivers wanted the city to sweeten the deal on the table. Proposition 113 is aimed at keeping the status quo regarding union organizing. Lawmakers went into special session to amend the initiative after unions challenged the original measure in court. The current proposition would: amend the state constitution, adding the "right to secret ballot to establish employee representation. " Former state senator Jonathon Paton led the drive to include Proposition 113 on the ballot, because he wanted to defend fundamental rights.
“The reason why I’m dong this is because I believe the cornerstone of democracy is freedom of speech, freedom of secret ballot, all of the freedoms we’re guaranteed in our constitution,” says Paton. “I think we need to promote that in individual states, even if they won’t do that in Washington.”
The measure is a reaction to pending federal legislation, the Employee Free Choice Act. That would change the way unions could organize workers, by asking them to sign a card which would replace the secret ballot. Linda Hatfield, Chair of the Pima Area Labor Foundation considers the card check system much more demoncratic.
“If you do card check, you’re talking to employees. Employees are talking to other employees and you’re saying here’s a card if you’re interested in doing, this sign this and once you reach ffity percent plus one then you can go to the employer and ask for recognition,” Hatfield exlplains. “It’s a really different model.”
Hatfield supports the card check system because she says the secret ballot model invites a lot of employee intimidation.
“The employer has the upper hand, so they choose the date, when it can happen, where it can happen, the hours of the election, and employees are subjected to closed door meetings, captive audience meetings, where they tell you all these ridiculous things about uninons and it’s not true,” Hatfield says.
Paton disagrees. He believes the card check system would subject workers to harassment and intimidation.
“If the federal government says you can have a union organized without having a vote it really is going to create a system of intimidation for workers that has never existed in our state before,” Paton believes. “The only way to really secure it is by writing it into our constitution that the right to a secret ballot will not be infringed on union organizing elections.”
Hatfield considers the proposition anti-union, one that puts employers rights above those of employees.
I’ve been doing this for thirty two years,” says Hatfield. “I believe that everybody should have a voice in the workplace, that there should be rules that create equality. I think that the majority of people should be able to achieve what they want and often that’s through a spokesperson.”
Paton believes declining union membership explains the opposition to the proposition.
“All we’re saying is you have a right to organize a union. You just have to get a real vote from the workers in the company and you have to get agreement from fifty one percent of those workers and it has to be done the same way we do our other elections, which is a secret ballot,”Paton explains. “They don’t want that, because they know tha’ts going to put them back to square one, and union membership is going to continue to decline.”
Hatfield says unless the federal bill passes the proposition won't make any difference. That bill has been stalled and hasn't made any meaningful progress lately.
“So in the meantime I’m not really sure what the intent is. Unless the federal bill passes it doesn’t make a difference,” says Hatfield.
Paton claims his polling indicates a majority of union members and their families favor upholding the secret ballot. Arizona voters will have the chance to vote on the issue on November 2...by secret ballot.
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