Asking "Can We Get Reporters to Stop Saying That EFCA Takes Away the Secret Ballot?" Dean Baker bluntly states (Beat the Press, 5/7/09) that "it's not true." Even though this is one of the "most often repeated lines of the opponents of the Employee Free Choice Act"–"that it will deny workers the right to vote decide on a union with a secret-ballot election"–Baker explains exactly how "that is wrong, wrong and wrong":
First of all, workers do not currently enjoy that right. Maybe that should be repeated a few times in case there are any very slow reporters reading: Workers do not currently have the right to a secret-ballot election to decide whether or not to be in a union.
Under current law, an employer has the option to recognize a union based on a majority of workers decision to sign cards requesting recognition. That's right, folks; under current law, employers can decide to recognize a union without a secret-ballot election.
In fact, with the EFCA, "the decision as to whether or not to have a secret-ballot election or to organize through majority sign-up would rest with workers, not employers." Which means that "anyone who claims that they oppose the Employee Free Choice Act because they support workers' right to a secret ballot, they are not telling the truth. The media should be pointing this out." See the recent issue of FAIR's magazine Extra!: "For Media, 'Card Check' Promise Is One to Break: Corporate Outlets Suddenly Discover 'Workers Rights'" (2/09) by Janine Jackson.