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NLRB Review Could Threaten Card Check

An attack on one is an attack on all? You'd better believe it. The National Labor Relations Board agreed earlier this month to review the long-used practice of forming a union through voluntary recognition. The case it's looking at involves the Auto Workers' efforts to organize two plants in Ohio and Pennsylvania. But the possible ramifications could be equally devastating for CWA or any union that has been successful in organizing nationwide through card check and neutrality.

"Voluntary recognition predates the National Labor Relations Act," said CWA Executive Vice President Larry Cohen. "In fact, it goes back to the 19th century and predates any labor law in any country. It's appalling that the Bush labor board feels justified in challenging this basic concept."

The employees at both a Dana plant in Upper Sandusky, Ohio, and a Metaldyne plant in St. Mary's, Pa., agreed to recognize the Auto Workers after card check campaigns in 2003. But within weeks, anti-union employees backed by the Right to Work (for less) legal foundation filed petitions with the NLRB to decertify the union. The regional NLRB dismissed the cases.

Now, on a party-line vote, 3-2, the NLRB in Washington has ruled on appeal that it will review the case - probably not until sometime in 2005, after the elections. A John Kerry victory would have a major impact on the outcome, since the party that occupies the White House controls three of the five seats on the board.

"We've seen that whenever this administration can take aim at working families, it will," Cohen said. "That's why we must work all the harder to elect Senator Kerry in November."

David Bonior, chair of the Washington, D.C.-based nonprofit advocacy group American Rights at Work, said the NLRB's move could further expose workers to potential intimidation and harassment.

"Workers who want a voice on the job need more protection, not less," Bonior said.

American Rights at Work's new research project, "Workers' Rights Watch: Eye on the NLRB," is monitoring the sufficiency of existing laws and the NLRB to protect workers who attempt to form unions. Each month the group releases information on its website www.americanrightsatwork.org.

"Most Americans know little about the NLRB," said the group's executive director, Mary Beth Maxwell, "but this federal agency, charged with enforcing U.S. labor law, makes critical decisions that affect workers' lives and freedoms. We all need to keep an eye on the NLRB as it contemplates radical changes to the law."