The Cure Worse Than The Disease: Expelling Freeloaders In An Open-Shop State
By Chris Brooks for New Labor Forum - The United States is likely to be an entirely open- shop country in the near future. Republicans dominate over two-thirds of state legislatures, over half of all governorships, both houses of Congress, the White House, and a majority of seats on the Supreme Court. As the GOP proliferates, so does anti-union legislation. Twenty-eight states have already passed open-shop—so-called “right-to-work”—laws, which allow workers to receive the benefits of unionization without being a union member or paying fees for union representation. Over the next couple of years, the Supreme Court is likely to make right-to-work the law of the land in the public sector and it is possible Congress will pass federal legislation to do the same in the private sector. Right-to-work laws create two interlocking problems for labor unions. First, unions are legally required to represent all workers in a bar- gaining unit that the union has been certified to represent. In open shops, the “duty of fair representation” requires unions to expend resources on nonmembers who are covered by the union contract. This is known as the free-rider problem. Union activists often refer to workers who opt out of paying for the benefits of unionization as “freeloaders.”