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