A Competitive Market for Workplace Representation Services

Abstract

Our labor laws as currently structured do a poor job of establishing a competitive market for representation at the workplace. A “one size fits all” model, only nonprofit, democratic membership organizations may vie for representational authority. Once a union obtains such authority, it is very difficult for represented employees to vote out the incumbent and bring in alternative representatives. This is in part because the law allows only a limited window period for decertification petitions and such petitions must be supported by at least 30 percent of the unit. Collective action of this type is exceedingly difficult to effect. This article proposes a new approach to help bolster competitive forces in the marketplace for representation services.