State Referendum Proposed to Counter Federal Pro-Worker Legislation
Mar 9, 2009
House Majority Leader Adam Hasner (R-Boca Raton) has offered legislation that would place a constitutional amendment on the ballot that purports to guarantee Floridians' right to a secret ballot. While the proposed language doesn't expressly mention union organizing contests, the purpose of the amendment is to preempt proposed federal legislation designed to make it easier for workers to organize.
The Employee Free Choice Act, being considered in Congress now, would create a process where employees can choose to form a union if more than 50% of eligible employees sign a pledge card saying they support a union. Union officials contend that the current system gives too much control to employers and is frequently abused, with workers harassed and even fired for participating in organizing efforts. Employers argue that a secret ballot is necessary to prevent workers from being harassed by union organizers.
Legal experts are unsure of the result of the proposed constitutional amendment, and if both the federal legislation and the state amendment passed, the issue would likely end up in court.