WHEN “FREE CHOICE” MEANS “NO CHOICE”

By Todd Stottlemyer

In every Congress, many laws are introduced that go nowhere, simply languishing in the process, particularly when proposed by the minority party. Now that control of Congress has flipped several ideas that have been in legislative limbo are likely to be revived, and small businesses need to be concerned about two.

Labor union organizers are pushing legislation that would make it easier for unions to be certified and represent employees in businesses of all sizes. The process they favor, known as card checks, is an attempt to bypass the long held principle of the secret ballot. The method is at the centerpiece of federal legislation known as the Employee Free Choice Act.

Under current law, a business can voluntarily recognize unions based on card checks, but it's not required. This act would allow unions to choose a card check campaign, rather than a secret ballot election, effectively shutting employers out of the process. Further, a small business could find itself unionized in as little as 60 days.

America was built on the idea that true choice comes in the privacy of a voting booth. In a secret ballot, employees aren't subject to intimidation, harassment or other coercion. In addition, the current election process guarantees companies a six month period in which they are given an opportunity to discuss with their employees why they shouldn't join a union.

In the second instance, numerous groups are gearing up to expand the1993 Family and Medical Leave Act to both increase benefits and to lower the number of employees that would force a business to comply with the act.

Currently, businesses with 50 or more employees are subject to FMLA. The act requires employers to provide up to 12 weeks of unpaid leave for reasons including family illness and maternity leave. However, legislation was introduced last year in both the House and Senate that requires companies with at least 15 employees to comply with the FMLA and to provide seven paid sick days a year. Paid leave would be required not just when workers are ill, but when family members are sick, or simply need to go to the doctor for checkups and tests.

Lowering the threshold imposes additional mandates on small businesses regardless of whether or not the employer can afford to keep a position open pending the return of the employee.

Small business employers want to do what's right for their employees, but they also need to keep their businesses running. It's just too great a burden for most small business owners to keep a job open for long periods for even the most valued employee, a significant difference between small and large companies. Larger businesses simply have greater resources and can be more flexible.

The law also would interfere with the flexibility that small business owners offer a critical factor when competing for employees. In fact, a recent poll conducted by the National Federation of Independent Business' Research Foundation revealed that 96 percent of independent business owners already provide flexible hours when personal situations arise, regardless of the firm's size.

Small employers also are free to tighten their policies when an employee abuses benefits, or expand them when a situation merits special consideration.

Legislation on these two issues is likely to be introduced this spring and now have some momentum behind them. So small businesses face a tough fight. But we still have the choice now to make our voice heard on these important bills.

Todd Stottlemyer is president and CEO of the National Federation of Independent Business in Washington, D.C.

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