The International Association of Machinists [1] (IAM) has a long and troubled [2] relationship [3] with true workplace representation.  In fact, the union bosses' authoritarian nature of governance more closely resembles communist North Korea.

Section B-2 of the IAM's "Official Circular No. 813 - Strike Sanctions and Benefits" [4] (pdf) lays out the organization's procedures for accepting a renegotiated contract or rejecting a new offer from management and going on strike:

". . . a secret ballot vote by the membership present and voting must carry by a two-thirds (2/3) majority in order to declare a strike."

Section B-3 makes it perfectly clear that IAM officials can unilaterally "ratify" a collective bargaining agreement even if a majority of employees vote against the new contract. In other words, IAM representatives are empowered by their own regulations to ignore workers' preferences:

"In the event that a strike vote fails to carry by the required two-thirds (2/3) majority vote, the collective bargaining agreement at issue will be accepted." [Emphasis in original]

Not exactly what you'd call fair -- vote no, but get yes. A recent NLRB administrative law judge ruling [5] (pdf) involving a collective bargaining dispute in Indiana reveals that local IAM officials agreed to a renegotiated contract despite the fact that a majority of employees had already rejected management's new offer:

"The union put the agreement [the new contract] to a vote of employees and, following its established procedures, when less than a majority voted in favor of the contract, this triggered a strike vote requiring supermajority approval, and failing to garner approval for the strike, the contract was deemed accepted."

This situation lays bare the fraud of exclusive representation, also known as monopoly bargaining.  Unfortunately, workers have little voice when the union hierarchy is installed as the middleman... and often given other compulsory unionism privileges to boot.

With help from Foundation staff attorneys, several employees have come forward to challenge the IAM's monopoly bargaining privilege in the above-referenced workplace. These workers are interested in having a real workplace voice, not meaningless sham elections that can be ignored on a whim. Their appeal [6] (pdf) to the NLRB General Counsel is pending further review, but we'll continue to post updates as the case progresses.