… the Board has seen the reverse situation, in which politiciansÂ endorsedÂ a union. In 2011, for example, the Communications Workers of America won an election at Affiliated Computer Services, which New York State had retained to set up its EZPass system for road tolls. The company objected, saying that a U.S. congressman and a New York State senator had influenced the election by making statements in favor of the union — and also by pointing out that they sat on committees that oversaw the company’s business.The Board disagreed, ruling that â€śpublic officials, even public officials involved in the regulation of the employerâ€™s industry, like other third parties, are not required to remain neutral and may properly seek to persuade employees.â€ť
On the other hand:
… in 2000, the Board ruled that politicians in the Northern Mariana Islands had sullied an election by targeting non-residents who voted to join a hotel union. The D.C. Circuit reversed its decision for lack of evidence, but didn’t touch the principle that lawmakers had the power to create an untenable environment of fear.
Getting a new vote is a long shot, and winning it is an even longer one, given the dedication to intimidation shown by Republicans and outside groups, as well as the fact that some significant chunk of the plant’s workers would be unlikely ever to vote for a union, given the anti-union environment of the south. The threats from Corker and other Tennessee Republicans were all upside downâ€”they weren’t going to face any personal penalties, and they had the opportunity to make a difference in a close election.
This article was originally printed on the Daily Kos on February 24, 2014. Â Reprinted with permission.
About the Author: Laura ClawsonÂ is the labor editor at the Daily Kos.