James Sherk, Bradley Fellow in Labor Policy in the Center for Data Analysis at The Heritage Foundation, makes some interesting points in his WebMemo entitled " Card Checks Would Not Solve Alleged Problems with Union Organizing Elections." As has been done in earlier postings on this website, Mr. Sherk exposes some of the grossly inaccurate statistics that EFCA proponents cite as gospel:

[U]nion activists argue that Congress should pass card check because employers regularly fire union supporters during organizing election campaigns in order to intimidate the remaining workers.[footnote omitted]. They claim this happens in one-quarter of organizing campaigns. Election campaigns, they say, do not reflect employees' free choices when workers fear losing their job if they speak up in support of a union. The facts, however, do not support these allegations.

Government statistics reveal that most cases of alleged firings are baseless. Over 92 percent of union claims of employer misconduct during organizing elections in 2005 were either withdrawn by the union or overruled by the National Labor Relations Board (NLRB).[footnote omitted] The NLRB found substantiated evidence of employer coercion in less than 1 in 200 organizing elections that took place that year.[footnote omitted]

The claim that companies fire workers in one-quarter of organizing drives comes from a survey of union organizers.[footnote omitted] Union organizers are not an impartial source, and, as noted, government investigators reject almost all of their allegations. Actual investigations reveal little evidence of employer misconduct.