Union Bullies

As the American economy struggles to rebound from a deep and dangerous downturn, and American businesses fight to remain profitable, avoid layoffs, and beat foreign competitors, Big Labor is preparing to join with a Democratic Congress and president to pass legislation that is certain to destroy prosperity -- and in the process rob workers of their independence.

The comically named Employee Free Choice Act, more popularly known as the card check bill, would essentially eliminate the secret ballot from union organizing elections and force companies to accept the unions' most outlandish demands when negotiating workplace contracts. It would open workers to blatant intimidation by union partisans -- forcing employees to declare publicly whether they support efforts to organize. Once a union has pressured a majority of workers to sign a card, the union would be declared the legal representative of the all the workplace's employees. Forget making an informed decision in privacy and good conscience. The bill is, quite simply, an affront to all that Americans hold dear.

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Virginia Sen. Jim Webb's strong support of the measure casts serious doubt on his judgment and ability to stand up to the Democratic Party's special-interest groups. If Sen.-elect Mark Warner supports the card-check bill -- particularly if he votes to end the filibuster that Republicans are certain to stage -- he will permanently shred his carefully cultivated image as a "radical centrist" and a pro-business Democrat. Warner may well find himself casting the decisive vote. Virginians will be watching closely. If he supports card check, he sends a clear message that he is more concerned about his own presidential ambitions than he is about the best interests of working Virginians.

Virginia businesses -- and workers who value their own good judgment -- should flood the offices of members of the commonwealth's congressional delegation with calls and e-mails making clear their opposition to this legislation that tilts the playing field so unfairly in the unions' favor.

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More than 90 percent of private-sector workers choose not to work in union jobs. It is no coincidence that the most heavily unionized industries, including airlines and automakers, also are among the most troubled. Sky-high wages and benefits, combined with work rules that kill efficiency and flexibility, make it nearly impossible for many union-dominated businesses to compete in a fast-moving global economy. The healthiest recruiting grounds for unions these days are among government workers, whose employers' revenue relies not on competition to win customers, but on taxes and fees backed by the police power of the state.

We recognize the legal right of workers to organize into unions if a majority decide to do so. But we also adamantly support their right not to. Big Labor supports only the first option -- and nowhere is that more clear than in its support of the job-killing card check bill, which is expected to come before Congress next year and is debated on the front page of this section today.

Privacy and individual liberty would be the first victims of the card check bill. But national prosperity would suffer as well. In a struggling economy -- or a recovering one, for that matter -- companies would be hindered by union rules and demands on behalf of workers who were denied free choice in accepting or rejecting union representation. Unions might often prevail in workplaces because employees would be embarrassed or afraid to publicly refuse to sign union cards -- even when those employees are wise enough to recognize the unions will damage their own financial prospects and those of their employers.

Economic growth and job creation would suffer as companies became reluctant to expand their work forces -- and would have added incentives to move operations overseas. A card check law would make it far less likely that Barack Obama's administration will be able to help heal the U.S. economy -- and far more likely that he will become a one-term president.

The unions' attempt to destroy secret-ballot elections are not only shameful, but also an admission that they cannot win organizing battles based on the merits of their arguments or the value of the benefits they offer prospective members.

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Obama supports the card check travesty. The Democratic-controlled House passed the bill last year and, with an expanded majority in 2009, is certain to do so again. The Senate offers the only hope for stopping legislation that undermines free markets, individual liberty, and American competitiveness. The upper chamber is home to 41 Republicans, including one who supports the union measure. The Minnesota Senate race remains undecided.

We cannot emphasize too strenuously how important the vote of Mark Warner is likely be in determining the success or failure of a Republican filibuster aimed at stopping the card check bill. We call on our new senator-elect to declare now his intention to live up to his campaign's promise and protect American workers and businesses from bullying unions. Mark Warner must vote to defeat the card check monster.