Card Check

Because it is very difficult for workers to form a union by going through the NRLB election process, the UAW and other unions now use an alternative technique known as “card-check recognition.” Under card check, the employer voluntarily agrees to recognize the union if the union presents signed union authorization cards from a majority of workers. In most instances, the authorization cards are validated by an outside person, such as an arbitrator or religious leader.

from the UAW’s Labor Law

Here’s another reform that seems minor to most– except those who don’t want workers to have any power– but that might make a huge difference in shifting the balance of power away from corporations. It’s also an example of how large-scale changes in the world– the decline in unionization in the United States– can be dependent on very small factors.

Actually, it’s not one small factor that led to the decline of unions, but many small factors. Among the most important, though, you would have to include the myriad of ways that it became increasingly difficult and complex to vote for a union at your workplace. As usual with the right wing, this ongoing attack on the things ordinary people need and want– good wages, health care, freedom of speech– is couched in the usual Orwellian patriotism.

The idea, generally, is that the less organized we are the more powerful we become. War is peace, too. Card check laws try to turn that around in a small way. Keep an eye on the (unfortunately named) Employee Free Choice Act, which, if it passes, might be a sign that things are turning a bit away from the bosses.

Corporate Personhood

The directors of such [joint-stock] companies, however, being the managers rather of other people’s money than of their own, it cannot well be expected, that they should watch over it with the same anxious vigilance with which the partners in a private copartnery frequently watch over their own…. Negligence and profusion, therefore, must always prevail, more or less, in the management of the affairs of such a company.

Adam Smith, from the Wealth of Nations, as quoted in the Wikipedia entry, Corporations.

Giant corporations govern, even though they are mentioned nowhere in our Constitution or Bill of Rights. So when corporations govern, democracy is nowhere to be found. There is something else: when people live in a culture defined by corporate values, common sense evaporates. We stop trusting our own eyes, ears, and feelings. Our minds become colonized.

From the Program on Corporations, Law, and Democracy

Ideas about reform, like anything, go through fads and criticisms of corporations are becoming more common. It may well be that this is an artifact related to the usual Democratic Party populist rhetoric. It is interesting, though, to consider the kinds of reform that might have a lasting impact.

The Program on Corporations, Law, and Democracy has a good idea: deny corporations the legal personhood that is at the root of their power. Most people would probably be surprised to learn that over the last century courts in the United States have ruled that corporations have rights under the 1st and the 14th amendments.

The 1st amendment grants (corporations) the right to freedom of speech and assembly; the 14th covers (corporate) citizenship. (You can review the constitution here).