SB 798 (Darrell Steinberg, President pro tempore, D-Sacramento) was sitting on the Governor’s desk for only a few days before it was vetoed. It would have allowed unions to form by replacing the secret ballot process with a scheme called "card check" that allows a union to organize the employees if a majority of them simply sign a card. This controversial measure which was also sponsored by the United Farm Workers (UFW) passed both houses on party lines. Pressure was mounting for the Governor to sign, putting at risk other important negotiations.
The veto came one day after a national coalition gave the UFW $1 million to fight the Governor’s water initiative. Many will deny that there was any link between the veto and the UFW donation.
SB 798 would have undermined the current process for unionization, which is private and fair. The "card check" process would have had the union organizers themselves oversee the process. Individual employee votes could have been made public to the employer, the union organizers and other co-workers.
Labor unions in California have been experiencing a decline in membership and have been advocating for a new process to reverse this trend. Bolstering membership should occur because workers see a need, not by adulterating the election process. Undermining the secret-ballot process sends the wrong message to new or growing businesses that could create jobs. Governor Schwarzenegger’s veto of SB 798 reminds businesses that the secret ballot election is democratic, fair and should continue to be protected.
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