Un-Democratic Elections

Not all elections are created equal. In fact, one of my favorite quotes about the American electoral system comes from former President Jimmy Carter, who's foundation certifies election system in other countries.

"It's a tragedy in many ways that the standard for accountability and integrity and objectivity is better in many Third World countries than in ours," says former President Jimmy Carter, who explains that the Carter Center, which monitors elections around the world, could not do so in the United States because of a lack of consistent standards and a lack of commitment on the part of both major parties to cooperate with the monitoring process.

The sad thing is that the American elections are a heck of a lot more fair than the ones overseen by the National Labor Relations Board. It isn't just the stacked deck rules, the massive industry that exists to deny a fair process is shocking in its size.

Most companies faced with organizing campaigns hire consultants or lawyers who specialize in "union avoidance." By one estimate, the business of battling union organizing is a $4-billion industry.

Unions allege systematic attempts by companies to fire, discipline or intimidate workers who support a union. The balance of labor complaints about the election process focus on delays. Even when unions win, some companies delay contract talks or refuse to bargain collectively.

These elections are not fair or democratic. They encourage nefarious tactics. The lack of effective oversight enables companies to try and drag out the process, ensuring it lasts years and not a few weeks.

In response, many unions have tried to avoid elections. Before submitting signed union cards, they build campaigns to push employers to sign "card-check neutrality" deals to recognize the union without an election.

Such campaigns have been successful in Los Angeles. Security officers in office buildings around Los Angeles County are being organized under a neutrality agreement between Service Employees International Union, building owners and security contractors.

It is possible for employers and labor to work together on these issues, but that is not the norm.

The most prominent ongoing labor dispute in Southern California — over a unionization drive at hotels near Los Angeles International Airport — is about a card check. The union seeking to organize, Unite Here, is demanding that hotels agree to a card check. The hotels want their workers to have a secret ballot.

Asked about the effect on hotel workers, Maria Elena Durazo, head of the Los Angeles County Federation of Labor, said, "I'm confident that if the Employee Free Choice were law, workers on Century Boulevard would now have better wages, family health insurance and a pension through a union contract."

The hotels are trying to drag this out and frustrate their employees who would like to have a union. They are willing to pay to lengthen the process rather than pay their employees a fair wage and benefits, much like they would rather sue than pay a living wage.