Jeremy Sherman and Jack Toner Quoted in Chicago Sun-Times

The December 7, 2005 issue of the Chicago Sun-Times quotes Jeremy Sherman and Jack Toner in an article entitled “Report Says Deck Stacked Against Union Organization.” The article focuses on a report issued by the University of Illinois at Chicago’s Center for Urban Economic Development which examined data collected from a survey of 62 union organizing campaigns conducted in the Chicago area during 2002.

“The report concluded federal labor laws need to be revamped because they fail to protect workers rights to organize,” the article states. “Employer representatives say organizing labor laws are designed to protect employers and workers, and they contend other factors influence election results.”

The article continues: “We're living in an open economy where I think people recognize the importance of flexibility and efficiency,’" said Jeremy Sherman, national chairman of labor and employment practices at Seyfarth Shaw, which counsels employers. "Oftentimes the industries that have been most densely organized by unions have been those that have been most vulnerable to competition in the worldwide economy we live in today.’

Employees and unions can file unfair labor practice charges if they think employers have broken the law during union representation elections, said Jack Toner, former executive secretary of the National Labor Relations Board and an attorney with Seyfarth Shaw.

The report notes unions rarely file such charges. Unions filed unfair labor practice charges in 36 percent of the representation campaigns in the Chicago area that began in 2002. The number is small because it's difficult to provide sufficient evidence that employers have violated the law, and such charges often lead to a postponement of the election date, which works to the advantage of the employer, the report said.

Toner contended charges don't necessarily lead to a delay in elections. The charging party can also file a request to have the election proceed as planned even if a charge has been filed or hold off on filing charges and challenge the election results later, he said. ”