Minority unions and member’s only contract

by Phillip Wilson | Nov 27, 2004 | Uncategorized

Although the fanfare about this “startling breakthrough in labor relations” is a little much (I’ve been advocating member’s only contracts for companies for a while now), I am anxious to read this book on “minority unions” (hat tip law prof blog; see also here). The basic concept is that the NLRA allows for companies and unions to agree to representation for any group of workers, even if it is not a majority of the workforce. Professor Morris argues that this “revolution” will make it easier for unions to organize companies like Wal-Mart. I am anxious to read his claims, but I am very skeptical. The problem with “minority unions” or “member’s only” contracts is that they must be voluntary (the only way a union can be officially certified – and a company forced to bargain with it – is through a majority election in an “appropriate unit” so-identified by the NLRB). This is the same problem unions have with card check or voluntary recognition today – although they can get some companies to agree to it, most companies tell the union to pound salt until they can file an NLRB petition. Here is the other problem. Companies who currently have “exclusive bargaining representative” unions (who represent all employees in a unit, even if many of those workers do not wish to be represented by a union) can ask for member’s only contracts too. Here there is a much greater likelihood that the strategy can be used successfully – potentially depriving unions of enormous numbers of members and dues income.