All Posts Tagged With: "national labor relations board"

Employer Speech and Freedom of Association

I have argued that forcing a worker to submit to the will of a majority of his colleagues on the question of whether a union will represent him is a violation of that worker’s freedom of association. Association with a union is rightly a matter of individual not collective choice. Here I want to consider [...]

4Jan2012 | Charles W. Baird | 1 comment | Continued

Card Check Without Congress

In 2009 I made a bet with fellow Freeman columnist David R. Henderson that before the Obama presidency expires, Congress would enact substantial freedom-reducing changes—such as card check—to American union law. David, ever the optimist, didn’t think so. Inasmuch as Speaker Nancy Pelosi is just a bad memory from a horrible dream, and it is [...]

24Feb2011 | Charles W. Baird | 3 comments | Continued

EFCA and Compromise

As proposed, the Employee Free Choice Act (EFCA) would 1) replace secret-ballot union representation elections with card-check certification of unions as exclusive (monopoly) bargaining agents for workers in their workplaces; 2) impose compulsory-interest arbitration on employers who do not agree to a first union contract within 130 days; and 3) increase penalties on alleged unfair [...]

19Aug2009 | Charles W. Baird | 0 comments | Continued

Employee Free Choice and Top-Down Organizing

The good news is that American union membership in the private sector fell from 8.2 percent in 2003 to 7.9 percent of the labor force in 2004. (In 1900 the figure was 7 percent without any union-friendly legislation on the books.) Over the same time the market share of government-employee unions fell from 37.2 to [...]

1Jun2005 | Charles W. Baird | 0 comments | Continued

Unions Draft Temporary Workers

Under the doctrine that the Constitution is a “living document” that must constantly be reinterpreted to keep up with the times, the Supreme Court often ignores its plain text and imposes what it considers to be good results. Last August, in a consolidated decision involving two cases—M.B. Sturgis, Inc., and Jeffboat Division—the National Labor Relations [...]

1Aug2001 | Charles W. Baird | 0 comments | Continued

American Labor Law–Bad and Still Getting Worse

One of the great blunders of American history was the New Deal decision to institute a legal framework for labor relations that did away with the older common law rules of contract, property, and tort that applied equally to all parties, replacing them with a highly coercive, asymmetrical scheme intended to help labor union leaders [...]

1May1997 | George C. Leef | 3 comments | Continued

Predatory Unionism

Dr. DiLorenzo, this month’s guest editor, is Professor of Economics at Loyola College in Maryland. Many economists have long viewed unions as essentially cartels of workers which collude to push their wages above free-market levels. As Texas A&M University labor economist Morgan Reynolds has explained: “Unions are fundamentally cartels—groups of producers with sectional interests diametrically [...]

1Jan1996 | Thomas J. DiLorenzo | 2 comments | Continued
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