Missouri House endorses anti-Employee Free Choice Act constitutional amendment
JEFFERSON CITY — The House has approved 83-74 a proposal that would require secret ballot in some elections, including those for unions.
The resolution came about after debate about the federal Employee Free Choice Act, which would allow union organization through public petition rather than secret ballot.
“This resolution is not anti-union or pro-business; it’s about the foundation of our democracy,” said sponsor Rep. Mike Cunningham, R-Rogersville.
Rep. Shane Schoeller, R-Willard, said secret ballots should be a constitutional right.
“What are they afraid of?” he asked. “Give every worker the chance to vote for this in the privacy of their own voting booth.”
Democrats criticized proponents, in part for applying the language to unions but not elected Legislative officials.
“You only believe in private elections for some things,” said Rep. Michael Frame, D-Eureka.
Rep. Gina Walsh, D-Bellefontaine Neighbors, sponsored an unsuccessful amendment to prohibit the proposal from interfering with the federal bill.
The proposal is “unfair to Missouir workers, it’s unjust, it may have unintended consequences and it may be unconstitutional,” Walsh said.
The proposal needs to get through one more vote before it goes to the Senate. If passed through that chamber, it would go to a vote of the people.



So, it’s ok to take away the right to the secret ballot under the EFCA but it’s not ok to protect the right to a secret ballot? The EFCA is “unfair to Missouri workers, it’s unjust, it WILL have unintended consequences”
“The resolution came about after debate about the federal Employee Free Choice Act, which would allow union organization through public petition rather than secret ballot.”
This is incorrect. Currently both majority signup and secret ballot elections exist under federal law, but the employer gets to choose which one they accept. The process is usually a majority of the workplace signs up to unionize, and then the employer opts for a secret ballot election. In the interim, the employer does everything they can to keep the workplace from unionizing, including firing union sympathizers, transferring them to other stores, or in some instances threatening to shut down the whole workplace.
Imagine holding a statewide election where one side was able to require attendance of all voters to watch propaganda films on why the other side is wrong. Imagine that that same side could ship volunteers for the other side outside the state, or cut off their voting rights altogether. Imagine further that the same side could decide to shut down the entire state if they lost the election, or drag their feet on the results by claiming various technical problems until they can get a re-vote (OK, that’s already happening with Norm Coleman.) That’s what we have under current law with the supposedly sacred “secret ballot” elections for our workplaces. This is what Mike Cunningham wants to enshrine into our state constitution as the only possible way to decide whether or not a workplace should be unionized.
In 1978 conservative activists successfully petitioned for a Right to Work bill in Missouri. It galvanized union opposition, triggering then-record voter registration drives by unions and spurring unusually high off-year turnout among union households. Even today, over 30 years later, you can still see some old cars with faded “Right to Work is a RIPOFF” bumper stickers. The existence of that ballot measure caused union families who didn’t usually vote in off-year elections to vote in that one. While they were at the polls voting down the Right to Work initiative, they also voted overwhelmingly straight Democratic tickets. Result: While the rest of the country trended Republican in off-year reaction to the Carter Administration, Missouri had a very Democratic year.
Republicans in the general assembly would be politically smart not to put this measure on the ballot.
the EFCA does NOT take away you right to a secret ballot, that is the biggest lie supports of ’save our secret ballot’ are using to gain support.
if HJR 37 passes…it will be very bad for Missouri.
EFCA gives workers a CHOICE! It doesn’t take anything away.
WOW! Illinois passes a pro-Employee Free Choice Act Resolution at the same time Missouri passes an anti-EFCA resolution. Very interesting!
Pro-business representatives (Rep. Cunningham) can not hide behind the mis-truth that EFCA takes away the secret ballot…what it does is give workers the right to decide if they want a secret ballot, not the employer.
But, more importantly, this federal legislation forces businesses to negotiate collectively with their unionized employees for a fair contract in a timely manner - one year. Most first contracts take over three years to negotiate and many times an agreement is never reached.
The Act also sets forth more harsh restrictions on employers who harrass, intimidate and fire their employees when they try to organize a union in the workplace.
The legislation has businesses who don’t play fairly shaking in their boots because they know if it passes they’ll have to play ball on a level playing field with their employees. AND they know the Obama Administration and the new Labor Secretary will enforce those rules and laws.
All workers want is fairness and justice in the workplace.
That’s what EFCA provides.
This legislation is the result of the deceptive and ongoing $200 million media campaign being pushed by big business to defeat the “Employee Free Choice Actâ€. The “Employee Free Choice Act†DOES NOT TAKE AWAY AN EMPLOYEES RIGHT TO A SECRET BALLOT VOTE! If you take the time to read the text of the “Employee Free Choice Act†and the National Labor Relations Act as it stands today, you will find that the Employees right to demand an election will remain intact and unaffected by the passage of the “Employee Free Choice Actâ€. In fact, it only takes 30% of the Employees to request a secret ballot election AND they can request it, before, during or even after the union is recognized. Another bit of false information being pushed in the media is by business is that Employees will be bullied by Unions during an organizing campaign. Again if you do some research you would find that; In the first 70 years of the National Labor Relations Act, there were only 42 cases of fraud or coercion by Unions in the submittal of authorization cards. By contrast, there were 29,000 documented cases of intimidation or coercion by employers IN 2007 ALONE!!! WHO IS REALLY THE THREAT? If you think that they are spending $200 for your benefit, you may want to take a closer look at the big picture here. Think about it. If they can continue to control us as employees……they can also continue control us as citizens, stewards of our own government. It is about power, control and greed of some of the same people who wrecked our ecomomy and shipped our standard of living out of this great country.
Joe Pijanowski
As long as you have a bunch of right-wing, bible thumpin nazi’s in control of our state this is what you can expect… more ignorance!!!
I am sorry that my union friends have become so discouraged by their membership ranks slipping to the historic low of 8%, that they are stooping to this. I have been pro-union worker all my life, but this is anti-worker. The EFCA will strip the worker of the protection of the secret ballot (he signs the cards to maintain peace with his peers) and he also gets stripped of his right to vote on the contract. Somehow loss of two rights in exchange for the “right” to get into a union does not seem very pro-worker. It certainly is pro-union organizer.
In my opinion (and I’m sure I’ll be blasted by Garrision or someone else for this), unions had a beneficial impact in society in the past in regards to worker safety, fair wages, etc. Now, they seem to be an arm of the Democratic party that tries to bully companies into unreasonable situations while not helping their dues paying members (unless you call allowing them to sit in a room and collect a wage helping). For example, Missouri has lost two of the three major automotive plants in the St. Louis Region in the past few years (Hazelwood and Fenton). The Missouri UAW was one of the most resistant chapters to accept negotiations with the companies and this may have been a major reason they chose to close the plants they did. Compare that to the auto factories in Right to Work states (and BTW, if you complain about “foreign cars, realize that we live in a global economy for God’s sake. Most of the components in your Ford were probably made in Mexico).
Most union advocates will counter my assertion that unions are an arm of the Democratic party with a declaration that “corporations” are an arm of the Republican party, and I’ll call B.S. on this. A good example is the amount of money that Nixon got for his innauguration (that he netted $400K for his re-elect for, by the way). The biggest donor was AT&T, with several other “corporations” donating.
Until the unions change their agenda from thuggery and blind support of anyone with a (D) behind their name they will be seen as self-serving. EFCA is Obama’s payback to the unions for their support, but will be devastating to the “economic recovery” we’re all hoping for.
Donations to an inaguration is hardly evidence of corporation’s support for Democrats. Heck, he was already elected.
I think more telling is tallying up donations to both sides (some companies will cover their bases) and you will see Republican donations far outweight those to Democrats.