Stacked Deck

The Stacked Deck

The deck is stacked against rank and file employees who want to stay, or become, Union Free in two ways - the laws and the resources.

The National Labor Relations Act and most state public sector collective bargaining laws are written in a way that sees only two parties to what they call "labor-management" - the union and the employer. They tend to ignore the fact that there are really three parties - the union, the employer and, most importantly, the employees.

You can see this sort of bias most clearly when employees file a petition to decertify a union. The union files an unfair labor practice complaint against the employer and the employees are denied the opportunity to vote out the union.

In addition to the legal bias, rank and file employees who want to stay or become union free lack the resources available to unions and employers.

Employees who want a union have all sorts of help available. They get support from unions. There are non profit religious and civil rights groups that provide encouragement and information. And, the government bends over backwards to promote unions.

Employers who want to resist the unionization of their employees also have lots of help. There are lawyers and consultants that specialize in helping employers stay union free. Many business organizations and trade associations have programs to assist employers.

But, employees who want to stay Union Free or regain their freedom don't have these resources and the law makes it illegal for their employer to help them.

Despite these obstacles, the fact that union membership continues to decline is testimony to the fact that working Americans prefer to work Union Free.