BOMA International supports the ability of employees to have the right to choose whether to be represented by a labor organization by way of secret ballot election conducted by the National Labor Relations Board. BOMA International supports a reasonable timeline and process for a secret ballot election that ensures a choice free of coercion, intimidation, irregularity or illegality. BOMA International opposes policies that could lead to unreasonably small bargaining units that would fragment the workplace, as well as burdensome and unnecessary mandates placed on employers geared towards assisting unions in this process.
The Democratically controlled House of Representatives passed the "Employee Free Choice Act" – or "card check" bill – in the spring of 2007. However, the bill failed to pass the Senate. Under the proposal, a union would become the recognized bargaining agent after persuading a simple majority of the workers to publicly and openly sign a card indicating support for the union. This would effectively eliminate workers´ ability to make the important decision over union recognition in the privacy of a voting booth – free of coercion, intimidation or inappropriate influence. The bill is expected to be taken up in the 111th Congress early in 2009.