This past week, I pondered how immigration was going to end up conjuring up the Willie Hortons of the 2008 election. If you had any doubt about the power of fear on immigration, check out what happened in the union representation vote at Fresh Direct in NYC. Two weeks before the vote, the company demanded that workers "update" their Social Security records–a not-so subtle threat on the part of the company:

Citing the imminent federal audit, the company sent out a memo this month asking that workers update their files with the appropriate documents, like Social Security cards. From 100 to 300 of the warehouse workers then left their posts or were suspended.

    This was a pretty strong message from the company–you mess with us and we will turn you in to immigration authorities.  Most of the workers who left or were suspended were Hispanic.

    In the union representation vote over the weekend:

The low-wage warehouse workers at FreshDirect, the online grocery delivery service, voted overwhelmingly against union representation this weekend, according to the company and the two unions vying to represent the workers.

    I guess this is a clever new tactic on the part of management–sow fear among workers, but do so using a legal maneuver. This is one reason I am skeptical that passage of the Employee Free Choice Act–if that comes to pass–will dramatically change things in the way much of labor is promising: employers will always find a new way to undercut union organizing drives.

    On that note, Happy Holidays…