Month: August 2017

The Cost, not the Cure

Chris Brooks has an excellent piece in the new issue of New Labor Forum that grapples with the question of whether unions should cede exclusive representation if the country goes “right-to-work.” As the title of his article, “The Cure Worse than the Disease: Expelling Freeloaders in an Open-Shop State,” suggests, he’s against it: Ceding exclusive representation to “kick out the scabs,” as Richman would have it, might be okay for a high-functioning local with high union density, but a union with 60 percent membership is likely to create an entrenched, adversarial minority. A union representing Geoghegan’s “40 percent, or 30, or fewer” can easily succumb to being nothing more than a marginal minority. So long as unions are treated as third-party vendors of services, as Fisk and Sachs describe them, then it will be easy for yellow unions to provide the same insurance, professional development, and discounted movie tickets at […]

Want to Really Help Workers? Protect their Speech!

When does free speech stop being free? At the entranceway of one’s job, apparently. That was the implication of a ruling this month from the Eighth Circuit Court, which found that the sandwich conglomerate Jimmy John’s was within its rights to fire six employees for making signs that protested the company’s policy of forcing workers to come to work when ill. While the decision came as a surprise to many, the logic underlying it—that employees have few, if any, free speech protections on the job—has had devastating impacts on American workers for decades. Indeed, the dramatic drop in union representation is due in part to the fact that our court system regulates employees’ ability to organize by the impact of their organizing on businesses’ bottom line, devoid of any concern for the free speech or civil rights of workers. Until we ensure that freedom of speech extends to the workplace, […]