FIRST REGULAR SESSION

House Resolution No. 1362

95TH GENERAL ASSEMBLY

2402L.01I

            Whereas, the right to a private secret ballot when voting on external representation is fundamentally inherent in our representative republic and shall not be infringed upon; and

            Whereas, passing the Employee Free Choice Act (EFCA, H.R. 800/S. 1041) will replace a federally supervised private ballot election with a system that facilitates coercion and intimidation, known as "card check", whereby employees publicly sign cards to vote for unionization; and

            Whereas, 79 percent of the American people support a worker's right to a federally supervised secret ballot election when deciding whether or not to join a union; and

            Whereas, the tri-partisan agreement to oppose the EFCA is overwhelming, as 77 percent of Republicans, 82 percent of Democrats, and 79 percent of Independents believe in protecting private ballots; and

            Whereas, in July 2002, before a U.S. House subcommittee, a union employee testified that those who would not vote for a union in a public "card check" program were threatened with termination, deportation, and loss of 401(k) and health benefits; and

            Whereas, even the chairman of the U.S. House Education and Labor Committee, Rep. Miller (D-California), and staunch supporter of the American "card check" bill, sent a letter to Mexican government officials which stated, "... we feel that the private ballot is absolutely necessary in order to ensure workers are not intimidated into voting for a union they may otherwise not choose."; and

            Whereas, the EFCA's mandatory binding arbitration provisions deny workers the right to participate in the collective bargaining process between employees and the union:

            Now, therefore, be it resolved that we, the members of the Missouri House of Representatives, Ninety-fifth General Assembly, find that so-called "card check" legislation such as the "Employee Free Choice Act" is detrimental to the rights of workers and an offense against democratic principles, and urges all members of the congressional delegation to support worker freedom by opposing the EFCA and any of its components in 2009 and in future years; and

            Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for each member of Missouri's congressional delegation.

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