Since the National Labor Relations Act was passed, it has been legal for workers to form a union when a majority of employees in a bargaining unit sign cards indicating their intent to bargain collectively with the employer. According to a recent law review article, the National Labor Relations Board in its early days "certified on the record when there had been an agreement with the employer for card-check." It adds that "in the final year before the Taft-Hartley Act was passed , 646 representation petitions were informally resolved through the card-check procedure." In 1969, Chief Justice Earl Warren delivered the majority opinion for the U.S. Supreme Court that upheld the use of majority sign-up. Warren stated, "Almost from the inception of the Act, then, it was recognized that a union did not have to be certified as the winner of a Board election to invoke a bargaining obligation; it could establish majority status by other means... by showing convincing support, for instance, by a union-called strike or strike vote, or, as here, by possession of cards signed by a majority of the employees authorizing the union to represent them for collective bargaining purposes." NLRB v. Gissel Packing Co.,. The Supreme Court has consistently ruled in favor of majority sign-up, and Warren cited prior affirmations in NLRB v. Bradford Dyeing Assn., ; Franks Bros. Co. v. NLRB, ; United Mine Workers v. Arkansas Flooring Co.,.
Employee Free Choice Act
The bill is currently being considered in the United States Congress. The latest version was introduced into both chambers of the U.S. Congress on March 10, 2009. The Bill's purpose is to, The Bill would, firstly, allow a union to be certified as the official union to bargain with an employer if union officials collect signatures of a majority of workers. The Bill would remove the present right of the employer to demand an additional, separate ballot where over half of employees have already given their signature supporting the union. Secondly, the Bill would require employers and unions to enter binding arbitration to produce a collective agreement at latest 120 days after a union is recognized. Thirdly, the Bill would increase penalties on employers who discriminate against workers for union involvement.
Constitutional amendments
In 2010, four states passed referendums to their state constitutions guaranteeing the right to a secret ballot.
Arizona
was passed in 2010. The constitutional amendment to the Arizona State Constitution would ensure that workers get a secret ballot to vote for union representation.
