The Social Effects of Labor Organization in the United States: Legal Reform and Public Policy

Abstract

Since the 1970s, labor union membership in the United States has declined from its peak of about one-third of the nonagricultural workforce to just above 12% overall and 7.6% in the private sector. A number of studies attribute this decline to illegal employer tactics that impede unionization and frustrate collective bargaining activities. To strengthen employee protections and expedite recognition procedures, organized labor has sponsored the Employee Free Choice Act as a reform measure. Critics characterize this legislation as inimical to the social and economic underpinnings of the nation and depict unions as bureaucratic institutions that benefit their members at the expense of citizens in general. Using various state-level measures, this study analyzes the "employer opposition" thesis as an explanation for private sector union decline and proposes an alternative explanation for this decline. We find that legal environments with right to work laws have a greater negative effect on unions than unlawful employer actions. We also offer evidence that unions play an important role in overall social well-being, thus increasing the need for policy reform to encourage union stability. Drawing on our findings, we offer a framework for labor law reform.

How Right to Work Is Destroying the American Labor Movement: From the Ku Klux Klan to the Tea Party

“…In the same study, the authors also found that right to work laws were significantly and negatively associated with state measures of health, education, income, job quality, and workplace fairness (Hogler and Henle 2009). In other words, labor policy that weakens unions has widespread consequences across a range of social factors.…”

Symbols, Self-Interest and Labour Policy Attitudes: Evidence from Saskatchewan

“…Il a pour mission la promotion et la valorisation de la recherche. www.erudit.org Tous droits réservés © Département des relations industrielles de l'Université Laval, 2014 suggest that such policy changes could well initiate or hasten the decline of organized labour in many jurisdictions: "right to work" laws in the United States, for example, were a major contributor to shrinking union density in U.S. states (Hogler, Shulman, and Weiler, 2004;Hogler and Henle, 2009). …”