Skip to main content
Resolutions & Amendments

38th International Convention - San Francisco, CA (2008)

Employer Neutrality Agreements

Resolution No. 16
38th International Convention
Moscone West
July 28 - August 1, 2008
San Francisco, CA

WHEREAS:
According to a 2006 study, 60 million workers in the United States would choose to have a union where they work; and

WHEREAS:
The greatest obstacle that American workers face in forming unions is the involvement of their employers in opposing workers’ free choice in this decision; and

WHEREAS:
The tactics used by many U.S. employers to oppose their employees’ free choice resemble those used by authoritarian regimes around the world, including intimidation, coercion and ostracism; and

WHEREAS:
A 2005 study at the University of Illinois found that 9 out of 10 employers force employees to attend one-on-one, anti-union meetings with their supervisor during organizing campaigns to instill fear and chill support for forming a union; and

WHEREAS:
A survey of 400 NLRB election campaigns found that 36 percent of workers who vote against the union explain their vote as a response to employer opposition and pressure; and

WHEREAS:
Passage of the Employee Free Choice Act will make it easier for U.S. workers to freely choose a union, but it will not necessarily change employer behavior. To change employer behavior, we must engage with employers; and

WHEREAS:
AFSCME affiliates have achieved significant organizing gains through neutrality agreements with employers, including over 3,000 health care, food services, Head Start and developmental disabilities services workers who have joined CSEA in recent years as a result of employer neutrality agreements.

THEREFORE BE IT RESOLVED:
That AFSCME and its affiliates seek agreements with employers to guarantee neutrality during organizing campaigns, allowing employees to make a free and uncoerced decision whether to join the union; and

BE IT FURTHER RESOLVED:
That in negotiating such agreements with employers, AFSCME and its affiliates will resist improper demands, such as the employer choosing which locations may be organized, unfairly limiting the number of workers who may be organized under the agreement or inappropriately promoting the employer’s business-expansion goals; and

BE IT FINALLY RESOLVED:
That such agreements include a rapid and reliable enforcement mechanism by a reputable third-party.
 
 
SUBMITTED BY: Danny Donohue, President and Delegate
Denise Berkley, Secretary and Delegate
CSEA/AFSCME Local 1000
New York