"......In 1989 and again in 1994, a clear majority of nurses at a Louisville, Ky., hospital signed cards saying they wanted a union. But each time a majority of the nurses later voted down the idea when it was put to a secret ballot.
Nurses who want a union plan to try again, and they had expected a Democratic president and Congress to retool labor laws to make it easier to win. Instead, in Louisville and around the country, organized labor may be facing a major setback in the most contentious fight over labor laws since the 1940s.
Right now, unions seem to lack the 60 votes needed to block a Senate filibuster against the Employee Free Choice Act, the bill that would give workers the right to have their union recognized as soon as a majority signs cards calling for a union. The change would make it easy to bypass secret-ballot elections, which are traditionally harder for unions to win.
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... In recent months, corporate interests have lobbied vigorously against “card check,” as the bill is known, because it would most likely enable unions to add millions of members and increase labor’s clout in Washington and at bargaining tables nationwide
..... Labor leaders say the nation’s laws have unfairly handicapped them. They say management has many advantages, including an ability to campaign against unions the whole workday, while union organizers are barred from company property.
Card check would be fairer, they argue, because workers could organize without the expensive, prolonged campaigns that precede secret-ballot elections in which management often presses workers to vote against the union and sometimes illegally fire pro-union workers.
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In the Louisville fight, the National Labor Relations Board ruled that the nurses had changed their minds about the union in 1994 mainly because management conducted an often illegal campaign against unionization.
An N.L.R.B. judge concluded that management had committed so many serious violations of the law — firing and demoting nurses, threatening to close the hospital if the union prevailed — that it made the possibility of a “free choice by the employees slight to nonexistent.”
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http://www.nytimes.com/2009/04/21/business/21labor.html?_r=1&ref=business>