Redefining the right-to-work debate: Unions and the dilemma of free choice

Delaney, John Thomas

doi:10.1007/s12122-998-1040-0

Cited by 11 publications

(15 citation statements)

References 24 publications

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“…Therefore, only through mandatory unionism can unions ensure that they obtain the financial backing of all employees who profit from the labor organization's activities. Furthermore, it is considered unfair for union members to supply additional funds to the union to support employees who are free riders (Delaney 1998).…”

Section: Ideological Arguments For and Against Rtw Lawsmentioning

confidence: 99%

“…Moreover, the union members can even jettison union representation in its entirety through the holding of a decertification election (Hogler and LaJeunesse 2003). While the percentage of NLRB representation elections that are union shop deauthorization votes have risen over time, they still comprise only a tiny fraction of all NLRB representation elections (approximately 2.5% in 1992) with labor organizations, historically, losing approximately 60% of such polls (Delaney 1998).…”

Section: Ideological Arguments For and Against Rtw Lawsmentioning

confidence: 99%

“…Because all bargaining unit employees will be paying dues or fees, the incentive for employers to replace members with nonmembers who oppose the union is noticeably diminished. This permits the democratically-elected labor organization to allocate its resources to providing employee representation rather than being forced to defend itself from continual employer assaults (Delaney 1998).…”

Section: Ideological Arguments For and Against Rtw Lawsmentioning

confidence: 99%

“…Given that free choice is protected in US labor legislation, according to the NLRA, employees not only possess the democratic right to select a union of their choice, they also retain the right to refrain from participating in any and all union activity (Greer and Baird 2003). Union security thus conflicts with employee free choice and if required to join a union or to proffer union dues, employees may perceive that the labor relations system purportedly created in their interest is ultimately undemocratic (Delaney 1998).…”

Section: Ideological Arguments For and Against Rtw Lawsmentioning

confidence: 99%

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The Continuing Controversy over Right-to-Work Laws in the Early Twenty-First Century

Devinatz

2011

Employ Respons Rights J

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This article provides a brief introduction to the ongoing controversy concerning right-to-work (RTW) legislation in the United States. The paper proceeds with the outlining of the major ideological arguments in favor of and in opposition to RTW laws before presenting the taste, free rider and bargaining power hypotheses which has motivated research concerning the economic effects of RTW laws. After reporting the findings of some of the basic empirical research designed to test these hypotheses as well as other recent studies, the article concludes that RTW laws have, at a minimum, moderately reduced the scope of unionization as well as the number of union members over the longrun. This indicates that the presence or absence of RTW legislation is not merely a symbolic fight as some have maintained but is something that has real consequences for the trade union movement's future in the United States in the early 21 st century.

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Section: Ideological Arguments For and Against Rtw Lawsmentioning

confidence: 99%

Section: Ideological Arguments For and Against Rtw Lawsmentioning

confidence: 99%

Section: Ideological Arguments For and Against Rtw Lawsmentioning

confidence: 99%

Section: Ideological Arguments For and Against Rtw Lawsmentioning

confidence: 99%

See 2 more Smart Citations

The Continuing Controversy over Right-to-Work Laws in the Early Twenty-First Century

Devinatz

2011

Employ Respons Rights J

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“…Union members have to bear the unfair burden of supporting their non-union counterparts for such union-provided services. With declining membership, this burden threatens to grow ever more substantial (Delaney, 1998). As a result, the only differences between members and nonmembers in North America are in the rights to vote and to receive certain services outside of the collective bargaining arena (e.g., group discounts and social activities).…”

Section: Fairness and Social Justicementioning

confidence: 99%

A New Approach to Resolving the Right-to-work Ethical Dilemma

Lam

Harcourt

2006

J Bus Ethics

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Union security has long been an industrial relations controversy. While compulsory unionism supporters say it benefits the working class, right-to-work advocates denounce it as an unethical infringement of individual rights and freedom. Unfortunately, neither side has adequately addressed the shortcomings of their viewpoint, nor the broader worker concerns about effective representation beyond just â€œunionismâ€\x9D. In this paper, we examine the ethical and practical problems of compulsory (union security) and voluntary (right-to-work) unionism and propose a new resolution, compulsory proportional representation, that has the advantages of: (a) ensuring workers’ freedom to associate or not associate, (b) promoting freedom to contract, (c) allowing free competition in representation in line with anti-trust principles, (d) improving industrial peace and efficiency, (e) enhancing fairness and social justice, and (f) addressing the employer–employee power imbalance. It is superior to either voluntary unionism, which often lead to management unilateralism, or compulsory unionism, where workers are compelled to join unions against their will. Copyright Springer Science+Business Media, Inc. 2007Compulsory unionism, freedom of association, right-to-work, union security, voluntary unionism, worker representation,

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Freedom of Association, Freedom of Contract, and the Right-to-Work Debate

Harcourt

Lam

2006

Employ Respons Rights J

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The debate over union security arrangements is often presented as involving irreconcilable goals and values. Supporters of union security typically stress their importance to the union's organizational strength and workers' welfare. Right-to-work supporters, who favor banning such arrangements, typically emphasize employee freedom and choice. Our approach involves a unique comparison of both perspectives, which shows that neither perspective is completely compatible with safeguarding freedom. We therefore advocate reconciliation based on compulsory worker representation, which preserves the best freedom-enhancing properties of each perspective.

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Redefining the right-to-work debate: Unions and the dilemma of free choice

Cited by 11 publications

References 24 publications

The Continuing Controversy over Right-to-Work Laws in the Early Twenty-First Century

The Continuing Controversy over Right-to-Work Laws in the Early Twenty-First Century

A New Approach to Resolving the Right-to-work Ethical Dilemma

Freedom of Association, Freedom of Contract, and the Right-to-Work Debate

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