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In fact, employees who are active union supporters have a one-in-five chance of being fired for legal union activities.

Sadly, many employers resort to spying, threats, intimidation, harassment and other illegal activity in their campaigns to oppose unions.

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 [in 1947], 646 representation petitions were informally resolved through the card-check procedure". 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...

The penalty for illegal activity, including firing workers for engaging in protected activity, is so weak that it does little to deter law breakers.

Even when employers don't break the law, the process itself stacks the deck against union supporters.

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No employee has free choice after being browbeaten by a supervisor to oppose the union or being told they may lose their job and livelihood if workers vote for the union.Currently, employers can choose to accept — but are not bound by law to accept — the signed decision of a majority of workers.That choice should be left up to workers and workers alone.Card check and election are both overseen by the National Labor Relations Board.The difference is that with card sign-up, employees sign authorization cards stating they want a union, the cards are submitted to the NLRB and if more than 50% of the employees submitted cards, the NLRB requires the employer to recognize the union.