A Ticket to Free Ride? Not so Fast: Members-Only Collective Bargaining as a Possible State Response to a Judicially Recognized Right to Work

Chris Schmidt, University of Nebraska College of Law

Document Type Article

Copyright (c) 2015 Chris Schmidt

Abstract

TABLE OF CONTENTS

I. INTRODUCTION . ...1

II. THE STATUS QUO FOR UNIONS . .4

A. A Brief Look at Organized Labor in the United States . .4

B. The Duty of Fair Representation and Union Security Provisions . .6

C. Precedent Supporting Fair-Share Fees . .8

III. THE ATTACK ON PUBLIC-SECTOR UNIONS . .9

A. The Building Threat to Public-Sector Unions . 9

B. Friedrichs . 11

C. Forecasting the Impact of a Right to Work in the Public Sector .13

IV. REPLACING THE FAIR-SHARE WITH FAIRNESS . 17

A. Doing Away with Exclusivity and the Duty of Fair Representation . .18

B. The Viability of Members-Only Bargaining . .19

C. Is Members-Only Bargaining a Good Idea? . 23

i. The Appeal of Members-Only Unions . 23

ii. The Concerns with Members-Only Unions . 25