Under current law, which has been in effect since 1935, an employer may voluntarily recognize the union if a majority of employees have demonstrated support through signed cards or a petition to organize. If an employer decides not to recognize the union based on those signatures, then NLRB will direct a secret ballot election to determine whether the employees will be represented by the union. The PRO Act does not alter these requirements which have been in effect since 1935. This amendment would limit the workers' and employers' option to enter into voluntary recognition agreements. There is no reason why we should limit workers' options to an election if the workers and employers agree to forego it. But let's be clear. The PRO Act does not require card check in lieu of elections. Instead, it strengthens current law by requiring an employer to bargain with a union if the union has demonstrated majority support and the employer's interference coerced employees into voting against the union. The only time the NLRB can order an employer to bargain, absent a secret ballot, is when the employer interferes with the union election after a majority have already indicated support through signed authorization cards or a petition. Again, this is current law, set forth by the Supreme Court, and it has been in effect since 1969. In fact, the PRO Act actually strengthens secret ballot elections by ensuring they are free and fair, both to the workers and to the employers.…
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