U.S. Rep. Heath Shuler of North Carolina has been targeted by a radio advertisement campaign (audio) because of his support of a bill that would simplify the process in which workers could indicate their desire to unionize, but pro-business opponents of the measure say the changes would leave other employees vulnerable to pro-union intimidation tactics.

The U.S. House on March 1 passed the Employee Free Choice Act of 2007, which would enable unions to collect worker signatures on cards, called a “card-check,” to determine whether a majority of employees in a workplace want to unionize. The change would replace the current secret ballot system, which maintains the anonymity of employees.

The Coalition for a Democratic Workplace, an alliance of scores of national, regional, and state organizations that represent businesses and chambers of commerce, is conducting the advertising campaign against Louisiana Sen. Mary Landrieu, a Democrat, and 12 congressmen in 10 states, including Shuler, the Democratic congressman from North Carolina’s 10th District. The coalition says a card-check system would violate employees’ rights to privacy and potentially endanger their job security and their personal well-being.

“If you chose to join the union, your employer would now know,” the Coalition’s Web site says. “If you rejected the union, the union bosses would know. That’s not democracy; that’s a recipe for massive coercion, intimidation and reprisal.”

The radio ad in Shuler’s district emphasizes his newness in the House and gives out his congressional office’s phone number for constituents to complain about his vote.

“Many in Congress stood up to the union bosses and voted to protect workers’ privacy,” the advertisement says. “But not Heath Shuler. The special interests demanded his vote, and Heath Shuler gave it to them.”

The same ad, with the congressmen’s names changed, ran in the districts of Reps. Tim Mahoney of Florida, Nancy Boyda of Kansas, Christopher Carney and Tim Murphy of Pennsylvania, and Thaddeus McCotter of Michigan. Murphy and McCotter are Republicans, and the rest are Democrats. Shuler defended his vote in the past month.

“Contrary to the misleading rhetoric being used by some groups opposed to the Employee Free Choice Act, the bill does not take away a worker’s right to a secret ballot election,” Shuler said in a statement to the media.

Current law requires unions to obtain signatures from at least 50 percent of employees in a workplace on a secret ballot, and if that is accomplished, then an employer can voluntarily recognize the union. If the Employee Free Choice Act passes, then the card-check method of collecting signatures is allowed if employees so desire, and if 50 percent of workers approve, then the employer must recognize the new union.

Organized labor says without a card-check, employees are subject to threats by businesses that don’t want to negotiate with unions.

“The current system for forming unions and bargaining is broken,” says a statement on the Web site of the AFL-CIO in support of the legislation. “Every day, corporations deny workers the freedom to decide for themselves whether to form unions to bargain for a better life. They routinely intimidate, harass, coerce and even fire workers who try to form unions and bargain for economic well-being.”

Not all employers affected by the bill are corporations, however. The National Federation for Independent Business, which represents small business owners, is part of the coalition but is also waging its own, independent campaign against the bill.

“Eliminating the secret-ballot process opens up small-business employees to union intimidation and excludes small-business owners from the decisions affecting their business and employees,” said Dan Danner, a vice president for NFIB.

Not all congressmen targeted by the coalition’s campaign were criticized. The coalition also advertised in the districts of six other representatives who voted against the bill, with radio spots that thanked them for “fighting the special interests and protecting workers’ rights.”

The House passed the bill by a 241-185 vote, with most Democrats (except for two) supporting it and all but 13 Republicans opposing it. Votes on the bill by North Carolina’s delegation were divided along party lines. All of the state’s Democratic House members, except for 5th District Rep. Mike McIntyre, also were listed as co-sponsors of the bill.

According to a report last month in The Washington Times, the legislation faces an uphill battle in the Senate and the Bush administration has said it will veto the bill if it gets that far.

Paul Chesser ([email protected]) is associate editor of Carolina Journal.