ANALYSIS/OPINION:
(Washigton Times)

In 2006, my last year as governor of Massachusetts, I vetoed a card-check bill that allowed public workers to organize if a majority signed union authorization cards as opposed to casting a traditional secret ballot. The veto was a gain for the rights of employees and employers to a fair election, but the victory was short-lived.

After I left office, organized labor had another run at replacing the secret ballot with a card check. With the support of Democrats in the legislature, that same bill I had vetoed was passed again in 2007 - and my Democratic successor signed it into law. What happened next is a cautionary tale for Congress as it moves toward a vote on national card-check legislation.

With this powerful new tool, for the first time ever in Massachusetts, a charter school was unionized. One reason so many parents want their children in charter schools is precisely because they operate free of union contracts, so that when administrators want to try something new, they can implement it quickly.

For this, charter schools are fiercely resented by teachers unions as a competitor to failing public schools. Charter schools use a merit system, rewarding teachers according to results in the classroom. They don't have complicated work rules that smother creativity, nor are they burdened with termination rules that make it almost impossible to dismiss an incompetent teacher.

The union drive started last year when the American Federation of Teachers met with a small group of teachers from the Conservatory Lab CharterSchool in Boston. Throughout the summer, they worked behind the scenes to sign up a majority of the 20 teachers at the school. Administrators learned of the successful organizing effort only after the decision to unionize had been made. For parents who may have liked the idea of a union-free school, there was no chance to be heard.

Not surprisingly, the chairman of the school's trustees is worried that a collective bargaining contract will be loaded with so many workplace restrictions that it will make it harder for the school to fulfill its mission to experiment with new ideas.

Unfortunately, these kinds of underhanded power plays are what we can expect across the nation if card check becomes the law of the land.

By tilting the playing field in favor of unions, card check not only robs workers of a secret ballot, it deprives management of the right to express its point of view. It will dramatically change the workplace as we know it, just as it's beginning to do for charter schools in Massachusetts. Small businesses will have to hire labor lawyers and follow burdensome new rules. If the parties can't agree on a contract, mandatory arbitration follows and employers that don't yield to union demands will have contracts foisted on them.

Keep reading...