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North Carolina has the lowest union rate in the nation, with just 3.5 percent of workers in a union.  Now a measure in Congress called the Employee Free Choice Act could dramatically change the labor balance in North Carolina.  That has led interest groups on both sides of the labor debate to ramp-up their rhetoric.  WFAE's Julie Rose reports:

When workers of a company want to organize into a union they need to collect signatures from at least thirty percent of employees.  Their employer can then decide to recognize the union or request a secret ballot election.  Usually employers go with the secret ballot because it gives them a few months to try and convince workers that unionizing is a bad idea. 

The Employee Free Choice Act – also known as the Card Check Bill – would take away the company's ability to demand a secret ballot and force it to accept the union as long as a majority of employees sign cards of support. 

"This is not fair to the employees that really don't want to do it," says Otis Crowder, the CEO of Crowder Construction in Charlotte.  Like most of the business community, Crowder argues the secret ballot prevents workers from being pressured by unions.

"Think about, somebody can take a piece of paper, walk in there, send six people over to your house and say do you want to sign this or not?" says Crowder.

Instances of coercion are well-documented on both sides of the union battle.  But the latest national data shows reports of abuse on the employer side outnumber reports of union abuse three-to-one. 

"There's only one secret that the Chamber of Commerce and the CEOs want to protect and it's not whether a union worker writes yes or no on a union ballot," says North Carolina AFL-CIO spokesperson Marybe McMillan.  "The only secret they are trying to protect is how the employee free choice act would really empower workers and give them a voice on the job."

Charlotte School of Law professor Meredith Jeffries says both sides do agree on one thing about the Card Check law. 

"It would make it easier for unions to organize," says Jeffries.  "And that would have a big impact in this state because we have so few unions."

Jeffries says North Carolina is virtually union-free, in part, because it's one of 22 so-called "right to work" states.  Workers here can't be compelled to join a union as a condition of their employment - even if a union already represents the majority of employees at a company.  The Employee Free Choice Act doesn't change that.

But Jeffries says there's another reason North Carolina has so few unions.

"Employers here have had a strong lobby and worked hard to not allow unions in," says Jeffries. "So that, if there's a pro of the legislation is that it does give unions more access to come in and talk to employees and have a legitimate chance maybe at getting employees interested."

Another controversial piece of the measure aims to prevent companies and unions from ending up in lengthy negotiation disputes that often lead to strikes.  Jeffries says the company and union would have to submit to binding arbitration if they can't settle a contract negotiation within 4 months. 

"And then you have a 3rd party deciding what the fair terms are to go into the collective bargaining agreement," says Jeffries.  "And I think that's a pretty radical departure from the way the agreements have been negotiated in the past."

Depending on the bias of the arbitrator, Jeffries says that provision could work in favor of either side. Unions seem willing to accept the risk, but the business community is recoiling. 

Carolinas Association of General Contractors President Steve Gennett says it would put a chill on construction.

"A lot of people are going to think twice before risking their financial future on starting up a small construction business," argues Gennett.  "If Washington appointees are likely to call the shots, this will definitely be the case."

Opponents of the Employee Free Choice Act say a recession is no time to encourage more organized labor because it might deter businesses who have traditionally migrated to the North Carolina's union-free environment.  President Obama and Democratic politicians say just the opposite. 

"Union members are nearly three times more likely to have guaranteed pensions and earn 23 percent more than non-union workers," says Democrat and North Carolina State Representative Ty Harrell.  "Giving working people the freedom to form unions is key to turning around the economy and rebuilding America's middle class."

In any case, it's clear that the seriousness of the current recession is casting this decades-old debate in a new light.

*Correction: Previous version of this story referred to Meredith Jeffries as Queens University professor.  She is employed by Charlotte School of Law.

Ken Moore Associates Presents Commentary Questions I’d Like to Ask Union Executives According to the media, organized labor is pressuring Democratic Congressional leadership for payback in making it easier for unions to organize employees. Since union membership has been dwindling from about 45% in the early 1950’s to about 12% today, unions are as desperate for membership increases and cash from dues as the banking and auto industries. Efforts to pass the so-called Employee Free Choice Act is being vigorously opposed by business owners and most of the Chambers of Commerce in the US. The reasons for this opposition appear to be clear: Unions have not been able to show the companies how representation by them will improve the financial condition of the company and help keep them in, and grow, the business. Thus, I would like hear some discussion from union executives on the following questions: 1. Any company, large or small, must be able to re-deploy its assets immediately in order to take advantage of market opportunities. How will a contract with your union help me do this? 2. Competition for talent in my industry and marketplace is fierce. The younger employees are wired 24/7 and are seeking greater exposure to career enhancing work and experiences. Please tell me how your union will allow me to manage these people within the constraints of your proposed negotiated contract? 3. From a financial and job security perspective, I would like to know how your union will help me to increase my revenue, decrease my costs, and enhance my competitive advantage. Please provide detailed descriptions of successful experiences in these three areas. 4. Benefit costs and taxes are crushing me with questionable help from the government. Please tell me how you will address these problems and what solutions will cost me in hard dollars? 5. Historically, American unions have had an adversarial relationship with management. This will not help me stay in business. Please describe how you will partner with me to advance the business objectives of the company and keep all of my employees gainfully employed. 6. Please describe for me how union labor provides competitive advantage so that my customers will pay a premium for my products and service. Historically, unions have been important players in the development of US industrial practices and policies. Many of the policies and procedures have been taken over by the federal government in the form of safety (OSHA), discrimination (Civil Rights Acts) and fair pay (Equal Pay Act). Most employees now seek redress from the courts rather than from the unions. Global competition provides by nature a very un-even playing field in which to do business. Unions appear to be powerless to stop the changes in the world marketplace. As a result, unions appear to be on the verge of complete irrelevancy. I would be pleased to hear a panel of union executives address these questions in a public forum. Is one forthcoming? Ken Moore President, Ken Moore Associates 1359 Lexington Avenue Schenectady, NY 12309 518-374-1050 kmoore01@nycap.rr.com www.kenmooreassociates.com

I feel this is great news for employees who work for large private companies, whose business decisions have sweeping public ramifications, i.e., Duke Energy. The need for NC to maintain its current class structure is at the heart of this debate. A cursory glance at the industries that have fueled the NC economy over the last 50 years will reveal a 'top heavy' approach, in regard to business structure. This structure is based on the top 5% earning the bulk of the wealth, while maintaing a marginal middle class and predominate working class and poor. The irony is the very people unions are designed to help are the ones opposed to the spread of unions in NC.