All Public Sector Workers Should Have the Right
to Join a Union
Introduction
All Americans should have the right to join a union and bargain collectively. These are basic human rights. They also help workers have power in the economy and a voice in democracy in order to secure decent wages and benefits and to ensure that elected representatives are responsive to the concerns of workers. With wages stagnant for decades, economic inequality near record levels, and a government too often captured by corporations and the rich, these rights are more important now than ever.
All Americans should have the right to join a union and bargain collectively. These are basic human rights. They also help workers have power in the economy and a voice in democracy in order to secure decent wages and benefits and to ensure that elected representatives are responsive to the concerns of workers. With wages stagnant for decades, economic inequality near record levels, and a government too often captured by corporations and the rich, these rights are more important now than ever.
The Public
Service Freedom to Negotiate Act, to be reintroduced in
Congress today, would take significant steps toward supporting workers’ rights
and reversing these troubling trends by ensuring that all state and local
governments provide public sector employees the right to form unions and
bargain. Some state and local governments already provide workers with these
rights, but many do not—and several states have recently taken away workers’
rights as part of a campaign orchestrated
by a few very wealthy free-market ideologues and corporate special interests
looking to further rig the system in their favor. The U.S. Supreme Court has
also become increasingly hostile to unions as hard-liner conservatives have
taken over and issued
decisions that have weakened the ability of public
sector unions to raise the resources necessary to advocate for their members.
One court decision, for example, allowed public sector workers to enjoy the
benefits of union contracts without paying any of the costs of negotiating and
enforcing them. The Public Service Freedom to Negotiate Act would guarantee
that those states that do not currently provide bargaining rights are obliged
to do so.
When unions are strong, entire
communities benefit
Unions benefit all
Americans by raising worker pay and benefits,
combating racial
and economic inequality, helping ensure that
government services are of high quality, and giving workers a strong voice in
the nation’s democracy. Unions are particularly important for government
workers, who typically receive lower
compensation than comparable private sector
workers. Studies show that the compensation gap between public sector workers
and private sector workers is much
smaller in states that protect public sector
bargaining, since unions raise wages and benefits. Public
sector unions are particularly important for women and African American
workers, since they are overrepresented in
the public sector.
When unions are strong, entire
communities benefit. For example, research shows that higher statewide
unionization rates reduce
rates of working poverty for both union and nonunion
households. Furthermore, areas with higher rates of union membership increase
the likelihood of children moving
up the economic ladder. Without unions, the middle
class suffers. Indeed, sociologists Bruce Western and
Jake Rosenfeld found that the decline of unions from 1973 to 2007
explains one-fifth
and one-third of rising wage inequality among
women and men, respectively.
Unions representing government workers
help improve the quality of public services and ensure that taxpayer dollars
are spent efficiently. For example, research finds that school districts with
strong teachers unions are more likely to dismiss
underperforming teachers and retain high-quality teachers than
districts with weaker unions. After the state of Wisconsin enacted the highly
controversial Act 10—a law that virtually eliminated collective bargaining
rights for most government employees, including K-12 teachers—turnover
rates among teachers increased, and the percentage
of teachers with low
levels of classroom experience increased. Emerging
research by E. Jason Baron finds that the Wisconsin law lowered
average performance on statewide exams, especially in
already lower-performing schools. In Chicago, the union representing garbage
collectors saved the city $7
million by identifying more efficient truck routes. In
California and New York, unionized health care workers in the two largest
municipal health systems in the country worked with employers to
institute quality
and efficiency improvements that resulted in increased
patient satisfaction and shorter wait times; lower asthma readmission rates
among children; and improved workplace safety.
that democracy works for all Americans, not just corporate interests and the
wealthy. Indeed, voter
turnout is higher in states with strong unions, since union
members are more likely to vote than nonunion members and often play a role in
getting out the vote. Unions are one of the few
interest groups in American society with the power to successfully advocate for
economic policies that help the working class and to serve as a counterbalance
to the corporate lobby. Unions have played an instrumental role in passing, protecting,
and promoting the Affordable Care Act and have been at the forefront of state
and local efforts to raise
the minimum wage. Unionized workers have also used contract
negotiations to make demands that benefit their broader communities. In
Chicago, for instance, unionized teachers obtained access
to medical and mental health services for students and expanded
funding for after-school programs. Labor organizations in Oakland helped launch
a successful campaign against a
predatory banking deal that was harming taxpayers. And in Massachusetts,
unionized child protective services workers partnered with the state to
launch systemwide
reforms to address a history
of neglect in the foster care system.
The Middle Class Continues to Struggle as Union
Density Remains Low
Workers’ incomes may finally be slightly
above the level they were in 1999,
but the share of income going to the middle class remains low. New
data from
the U.S. Census Bureau show that the middle 60 percent of households, by
income, took home just 45 percent of national income in 2018, basically
unchanged from 2017, when they earned a record low 44.7 percent. In contrast,
the share of income going to the highest-income households remains at a near
record high. This decadeslong trend of growing inequality is closely related to
the decline of American unions. As union membership rates dwindle, prospects
for the middle 60 percent of American households shrink as well.
Figure 1 shows this trend. In 1967, when
28.3 percent of American workers belonged to a union, 52.3 percent of national
income went to middle-class households. (see Figure 1) But over the past five
decades, both those numbers have steadily declined. In 2018, just 10.6 percent
of American workers were unionized, a record low, and only 45 percent of income
accrued to the middle class—less than in 1967.
While the middle class has lost ground,
the share of income going to America’s wealthiest households has skyrocketed.
In 2018, the top 20 percent of households by income took
home more
than half of total U.S. income- almost 20 percent more than in 1968. And the
share of income going to the top 5 percent grew even more, rising from
17.2 percent in 1967 to 23.1 percent in 2018.
To be sure, weakened unions are not
entirely to blame for these trends. Since the 1980s, global competition, corporate
consolidation, and changes in tax
law that
favor the wealthy but do little to increase business investment have all worked
to wrest economic power from workers. Additionally, the U.S. economy has spent
far less time at full
employment in recent decades than it did from 1949
through 1979—a period during which union membership rates were higher—which has
weakened the bargaining position of middle- and low-wage workers. Still, there
is clear evidence that lower union membership has contributed to rising income
gaps and a shrinking middle class.
Unions strengthen the middle class
Unions play a major role in constraining
income inequality and fortifying the middle class. Indeed, sociologists Bruce
Western and Jake Rosenfeld estimated in
2011 that the decline in unions explains one-third of the growth in wage
inequality among men in the United States. Research also suggests that, at
least in certain
industries, union decline may be a bigger contributor to wage
inequality than market forces such as computerization.
Unions help workers in many ways. Unions
workers make roughly 12
percent more, on average, than similar nonunion
workers, and they are more likely to receive
benefits such as employer-provided health insurance, a
workplace retirement plan, and paid leave. In addition, unions can help narrow
pay gaps for women and people of color, in particular
Black and Hispanic workers. When unions are strong, everyone benefits. For
instance, regions with high union membership have lower
rates of working poverty and tend to have greater
economic mobility for low-income children.
Moreover, unions make democracy work
better by acting as a counterbalance to
corporate power in politics and encouraging the democratic
participation of workers. Indeed, unions are one
of the few types of interest
groups whose positions consistently line up with the
economic interests of the working class.
Corporate attacks continue to weaken
unions
A 2018 Gallup poll found that 62
percent of U.S. adults approve of labor unions—a
15-year high. But despite the fact that a majority of Americans support unions,
only 10.6
percent of the workforce belonged to one in 2018.
Union density today is roughly one-third of
what it was in the mid-1960s and is almost
as low as it was in 1930, prior to the passage of the
National Labor Relations Act.
Unions’ role in raising worker pay and
fighting for pro-worker policies has made them a target of corporate interests.
In recent decades, employers have become increasingly
aggressive in their efforts to avoid unionization in the
private sector, and the majority of
workers encounter serious opposition when they try to
organize. What’s more, in recent years, the Citizens United v. Federal
Election Commission ruling, which eased
restrictions on political spending,
further accelerated
political attacks on unions.
Public policies have also played a
significant role in union decline. Since 2010, six
states have passed “right-to-work” laws, which prohibit unions
from compelling workers to become members as part of their job or otherwise
requiring fair-share fees to cover the costs of negotiating a collective
bargaining agreement. In addition, several states have launched targeted
attacks against their public sector unions. Wisconsin—which virtually
eliminated collective bargaining for most government
employees in 2011—saw public union membership fall by more than 50 percent as
a result. In June 2018, the landmark U.S. Supreme Court case Janus v.
American Federation of State, County, and Municipal Employees (AFSCME)
delivered another
blow to
public sector labor unions by banning all fair-share fees in the public sector.
The current administration is further
enabling employers to avoid unionization. For instance, President Donald
Trump’s National Labor Relations Board appointees have made it easier for
companies to misclassify
workers as independent contractors exempt from federal
labor law protections and are also working to roll back joint
employer protections, which would impede the ability of
workers employed by subcontractors and franchises to hold
employers liable and form unions.
Even with these
trends, however, there are indications that workers are fighting back. In
2018, 485,000 workers went on
strike- the highest number since 1986. They joined picket lines outside grocery
stores, hotels, and schools- and even on cellphones. Pro-worker
policymakers have also increasingly been promoting unions. Members of Congress
have introduced legislation such as the Protecting
the Right to Organize Act- which would increase penalties on companies and
employers that break the law, ban right-to-work laws that undermine union
finances, and enhance the ability of workers to strike- as well as the Public
Service Freedom to Negotiate Act, which would ensure that all public sector
workers have collective bargaining rights. State policymakers in states such as Washington and New
Jersey have also contributed, passing a number of
bills to ensure that public sector workers are able to join together in strong
unions. And Seattle’s significant Domestic
Worker Bill of Rights took additional steps toward protecting workers
historically excluded from labor laws.
10 Ways State and Local Officials Can
Build Worker Power in 2019
Workers have a lot to look forward to in
2019. Progressive governors, mayors, and state and local lawmakers are gearing
up to debate proposals that would raise standards for workers, including
legislation to increase the minimum
wage;
expand overtime coverage;
and protect
all workers from sexual harassment,
discrimination, wage theft, and abusive non-compete contracts. Yet improving
minimum standards laws alone will not reverse decades of wage
stagnation, especially for working and middle-class Americans.
Policymakers must also work to restore the power of working people in our
economy and our democracy, first and foremost by strengthening unions.
Union’s help workers negotiate with CEOs
on relatively even footing for decent pay, benefits, and workplace conditions.
Unions also give workers a voice in our democracy, driving voter turnout and
advancing progressive priorities. However, decades of conservative
attacks and a changing economy have
weakened unions’ ability to advocate for working people. Between one-fifth
and one-third of the rise in wage inequality
over recent decades can be traced to the decline of union membership.
Working people across the
country, including workers in the Fight
for $15 movement; public
school educators; and Amazon
warehouse workers- continue to fight for a voice on the
job. While enacting federal reforms in 2019 is unlikely, state and local
lawmakers have significant power to strengthen workers’ right to bargain and
provide a road-map for federal policy reforms.
10 ways that state and local officials
can rebuild the power of working people in the U.S. economy are as follows:
1. Support public sector workers’
right to bargain
Last June, the U.S. Supreme Court handed
down a decision in Janus
v. American Federation of State, County, and Municipal Employees that
threatens the freedom of millions of government workers to form strong unions.
To combat this attack on workers’ rights, policymakers should ensure that all
state and local public sector workers are awarded bargaining rights. Moreover,
they should enact laws to educate new public employees about the benefits of
union membership; allow unions to communicate with workers through modern and
convenient means; modernize union dues collection; strengthen workers’ power at
the bargaining table; and recognize the ability of unions to provide needed
goods to workers, such as workforce training. Governors and mayors should also
provide guidance to ensure that dues deduction requests are processed
efficiently and fight to restore funding of public services to at least
pre-recession levels. States including California, Maryland, New
York, New Jersey,
and Washington have
already adopted some of these goals.
2. Establish new industry wide
standards with wage boards
Policymakers should bring together
workers, businesses, and the government by establishing wage
boards bodies that set minimum working standards for
specific industries and occupations. Wage boards could set pay levels above
state or local minimum wage floors and provide pay differentials for workers
with additional skills or experience. In addition to improving standards, these
boards would help build worker power by providing an opportunity for unions to
organize workers to provide testimony. For workers covered by the National
Labor Relations Act (NLRA), boards could help model a kind of industry wide
bargaining that would provide far greater coverage than the typical
enterprise-level bargaining. For workers excluded from the NLRA, wage boards
could more directly encourage collective bargaining. More than three-quarters of
registered voters supported the creation on wage boards, according to a January
2018 poll. While some states, including California, New
York,
and New
Jersey, currently allow officials to convene similar
bodies, other states would require new legislation.
3. Harness the power of government
spending
State and local governments fund
millions of jobs through spending on contracts, grants, loans, tax breaks, and
economic development subsidies. This spending funds everything from
construction of roads and bridges, to in-home care for aging residents and
those with disabilities, to the ongoing maintenance of public buildings.
Policymakers should use executive and legislative authorities to attach standards to
government funds to ensure that taxpayers and workers receive the best possible
results—not only raising standards but also helping workers have a voice on the
job. Governments should, for example, help prevent labor disputes by requiring labor
peace agreements; give preference to
the bids of employers who have a track record of upholding high standards and
complying with the law; use prevailing wage laws to
ensure that all government spending upholds industry wide standards and does
not undercut union wages; and track how
development subsidies affect the government’s ability to provide essential
goods and services.
4. Grant gig economy workers
bargaining rights
Application-based technology firms
frequently classify their workers as independent contractors, denying them
collective bargaining rights and other legal protections afforded to employees.
As a result, these workers often receive low
pay, no benefits, and have little recourse to bargain for better standards.
Domestic workers—who include housekeepers, nannies, and caregivers—are also
often treated as independent contractors and similarly excluded. Cities and
states can raise
standards for these workers by strengthening
misclassification laws, such as through the employer-employee relationship test
recently established by the California
Supreme Court; instituting minimum pay protections;
creating worker-led platforms to deliver needed benefits; and providing a
pathway for workers, companies, and the government to negotiate for
industry-specific wages and benefits. For example, Washington state is
debating legislation to
require gig companies to contribute to worker-administered portable benefits
funds, and the city of Seattle has passed a policy to
set industry wide standards for domestic workers that combine many of these
elements.
5. Promote high-quality training
partnerships
Representatives of workers and
businesses should play a central
role in career and technical education programs to ensure
that these programs adequately prepare workers for in-state jobs; focus on the
areas in which training is most needed; and lead to high-quality jobs. Policymakers can
do so by instituting training requirements for
government services such as home care; promoting high-quality, high-wage
apprenticeship programs; increasing the share of labor representation on state
and local workforce development boards; and directing training and education
funds to labor-management training partnerships. For example, Washington State partners with
a union and private employers to provide required
training to home care workers. The training, which
coincided with pay increases, helped professionalize the workforce and improve
the quality of care. Worker organizations would benefit from having a more
formalized role in workforce training and greater access to workers, which
would help them to potentially recruit new members.
6. Empower unions to improve
workplace benefits
State and local governments can ensure
that government programs reach the workers who need them and help unions and
other worker organizations build relationships with workers by involving worker
organizations in the provision of benefits. To improve
benefit provision, for example, worker organizations can
help workers navigate the unemployment insurance system and various training
programs; oversee state-run retirement benefit programs; and work with
companies to design more effective workers’ compensation systems. For example,
states including New York, Minnesota,
and California allow
unions and firms to bargain over alternative dispute resolution procedures for
workers’ compensation.
7. Lower barriers to joining worker
organizations
State and local governments have significant
power to remove barriers that prevent many private
sector workers from forming and sustaining strong unions and worker
organizations. Policymakers should allow workers who are not covered by the
N.L.R.A. to unionize and bargain collectively, as California has
done for agricultural workers. In workplaces where unions are not present,
state and local governments can enable workers to contribute voluntarily to
nonunion worker organizations through payroll deductions, as New
York City has done for fast food workers.
8. Repeal right-to-work laws
So-called right-to-work laws weaken workers’
ability to bargain for decent wages and benefits by allowing some workers to
receive a free ride and receive the advantages of a union contract, such as
higher wages and benefits and protection against arbitrary discipline—without
paying any of the fees associated with negotiating on these matters. Research
shows that workers in right-to-work states have lower
wages and that these laws have no impact on
job growth, contradicting claims advanced by right-to-work proponents. State
policymakers should repeal existing right-to-work laws.
9. Partner with worker
organizations to enforce the law
Evidence suggests that
violations of workplace standards, such as minimum wage, overtime, and sick
leave, are widespread. Policymakers can improve workplaces’ legal compliance
by including community
and worker organizations in enforcement efforts. Doing so will also provide an
additional incentive for workers to interact with and join unions or other
worker organizations. Cities such as San
Francisco and Seattle are
providing grants to organizations to inform workers of their rights and help
them take action against law-breaking companies.
10. Use government permits to support
high-road firms
Certain industries, particularly those
with many under capitalized, transient businesses or those where there is a lack
of competition, present challenges for workers attempting to organize or
bargain collectively. Policymakers should leverage their power to license
and permit businesses and construction projects to
improve work standards. For example, introducing expedited building permits for
construction projects that treat their workers fairly as done in Austin,
Texas can encourage companies to act in workers’ best
interests. Governments can also protect workers by increasing licensing
requirements for industries with a history of poor worker treatment, as California has
done with bond requirements in the car wash industry.
8 policies to rebuild worker power at
the state and local levels
Establish new industry wide standards
with wage boards
Bring together workers, businesses, and
the government in a commission to set minimum working standards for industries
and occupations. These wage boards would set minimum standards for wages and
benefits based on economic and social factors such as industry productivity and
cost of living, as well as testimony from business owners, workers, and other
stakeholders. The board could even set pay levels above the overall minimum
wage floor and provide pay differentials for workers with additional skills or
experience. While some states currently allow officials to convene similar
bodies, others would require new legislation. For workers who are not covered
by the National Labor Relations Act, or NLRA, wage boards could even directly
promote directorial bargaining.
Support existing industry wide standards
with prevailing wages
Use prevailing wage laws to ensure that
government spending, in both the construction and service sectors is not used
to drive down wages. In addition to expanding prevailing wage protection to
additional types of contract spending as well as grants, loans, and tax
expenditures, policymakers should set predominant collectively bargained wages
in a region and industry as the prevailing wage. This type of wage-setting
would help ensure that high-road companies who pay their workers good wages are
not undercut by companies that treat their employees poorly.
Raise standards on government spending
to improve results and support good jobs
Attach standards to government funds to
ensure that taxpayers receive the best possible results. State and local
governments fund millions of jobs through their spending on contracts, grants,
loans, tax breaks, and economic development subsidies. This funding should be
structured so that it creates good jobs that benefit the entire community. For
example, governments can require labor peace agreements in order to prevent
labor disputes, or give preference to the bids of high-road employers who have
a track record of complying with the law.
Improve enforcement by partnering with
worker organizations
Combat wage theft and other labor
standard violations by including community and worker organizations in
enforcement efforts and allowing workers to go to court to enforce labor laws.
Governments can better enforce the law and empower workers to stand up for
their rights by working with and providing grants to organizations that have
day-to-day contact with workers and vulnerable populations. These groups have
workers’ trust and thus have information about what is happening to them that
government is not privy to, as vulnerable workers are often afraid to talk to
government officials. As such, these groups can serve as key intermediaries to
bring workers and government together by informing workers of their rights and
by helping workers take action to receive their earned pay and benefits.
Promote high-quality training through
labor-management partnerships and worker organizations
Provide high-quality training
opportunities for workers by promoting sector wide training partnerships with
labor organizations and industry groups. This can be done by instituting new
training requirements for government services such as home care, promoting
apprenticeship programs, and directing that training and education funds that
state and local governments have control over go to labor-management training
partnerships.
Use worker organizations to improve
workplace benefits
Help ensure government programs reach
the workers who need them by including worker organizations in the provision of
benefits. Worker organizations can improve benefit provision in a variety of
ways, including helping workers navigate the unemployment insurance system and
training programs, overseeing state-run retirement benefit programs, and
working with companies to design more effective workers’ compensation systems.
Use licensing and permitting so the
market supports high-road firms and organizations
Use the power to license and permit
businesses and construction projects to improve worker standards. For example,
introducing expedited building permits for construction projects that treat
their workers fairly—as done in Austin, Texas—can encourage employers to act in
their workers’ best interests. Governments can also increase licensing
requirements for industries with a history of poor worker treatment in order to
protect workers, as California has done with bond requirements in the car wash
industry.
Lower barriers to joining worker
organizations
Make it easier for workers to join
worker organizations by providing opportunities for worker outreach and paying
dues. For workers who are not covered by the NLRA, states should allow these
workers to unionize and bargain collectively and should also more actively
promote membership, such as by allowing worker organizations to provide
information at worksites or training sessions. State and local governments can
also enable workers to contribute voluntarily to nonunion worker organizations
through payroll deductions.
Conclusion
The Public Service Freedom to Negotiate
Act is an important step toward protecting workers’ rights, improving the
quality of public services, and getting the U.S. economy and democracy back on
track. While many more changes are
necessary to achieve these goals, including those that promote the rights of
private sector workers, promote full employment, and reform campaign finance, this
bill is a critical part of the way forward.
Strong unions help ensure that
middle-class families receive a fair share of the economic growth that they
create. Policymakers at both the state and
federal levels must take steps to ensure that all workers, including
agricultural and domestic workers, independent contractors, gig workers, and
government employees, have strong rights and powers that enable them to join a
union and bargain collectively. They should also act to modernize
the U.S. labor law system to allow workers to come
together and bargain across entire industries
or regions rather than just at the firm level, and
create incentives for
union membership by involving unions in training and enforcement activities.
Taking these steps will bolster both unions and the middle class.
Despite economic growth over the last
decade, too many Americans continue to struggle. Even as working families
receive little benefit from the expanding economy, corporate profits are booming and
the rich are becoming wealthier and more powerful.
Many newly elected progressive state
officials have already committed themselves to addressing this problem and
improving the lives of working and middle-class families. For example,
Gov.-elect Gretchen Whitmer (D-MI) joined hundreds
of Fight for $15 workers in Flint, Michigan, to protest for higher wages and a
union; Wisconsin’s Gov.-elect Tony Evers (D) said that he will work to
restore collective
bargaining powers that teachers and public service
workers lost under Republican Gov. Scott Walker; New Mexico’s Gov.-elect
Michelle Lujan Grisham (D) has strongly opposed so-called right-to-work legislation;
and in Illinois, Gov.-elect J.B. Pritzker (D) promised to
ensure that state spending creates good jobs and does not undercut union work.
Today’s economy is broken. While the
American economy is growing, many workers are not seeing their fair share of
the growth. Instead, the wealthy few are bringing home a near-record share of
the national income. As a result, these rich individuals are gaining more and
more political power that can be used to further policies that help themselves
at the expense of working- and middle-class Americans, creating great
instability in our democracy.
Policymakers must act to restore balance
to our economy and political system. Working people must have a greater say in
the workplace and our democracy. Building a labor relations system as outlined
in CAP’s “The Future of Worker Voice and Power,” would help achieve that goal.115
While fully implementing this vision
will require federal legislation, policymakers at the state and local levels
can take major steps toward this progressive agenda. This report provides a
variety of policy options that state and local governments can use to move
toward this better system. These policies would serve to raise workers’ wages
and increase their power in the marketplace and political realm. By adopting
any number of these options, policymakers can help rebalance our economy and
ensure that more workers share in its growth.
References
- Authors’ analysis using updated 2015 data from Thomas Piketty and Emmanuel Saez, “Income Inequality in the United States, 1913-1998,” The Quarterly Journal of Economics 118 (1) (2003), available at http://eml.berkeley.edu/~saez/TabFig2015prel.xls. Income levels and fractiles are inclusive of capital gains.
- Lawrence Mishel and Jessica Schieder, “Stock market headwinds meant less generous year for some CEOs” (Washington: Economic Policy Institute, 2016), available at http://www.epi.org/publication/ceo-and-worker-pay-in-2015/.
- David Madland, Hollowed Out: Why the Economy Doesn’t Work without a Strong Middle Class (Oakland, CA: University of California Press, 2015).
- David Madland and Alex Rowell, “Unions Help the Middle Class, No Matter the Measure” (Washington: Center for American Progress Action Fund, 2016), available at https://www.americanprogressaction.org/issues/economy/reports/2016/06/09/139074/unions-help-the-middle-class-no-matter-the-measure/.
- Bruce Western and Jake Rosenfeld, “Unions, Norms, and the Rise in U.S. Wage Inequality,” American Sociological Review 76 (4) (2011): 513–537.
- David Madland and Nick Bunker, “Unions Make Democracy Work for the Middle Class” (Washington: Center for American Progress Action Fund, 2012), available at https://www.americanprogressaction.org/issues/economy/reports/2012/01/25/10913/unions-make-democracy-work-for-the-middle-class/; Jasmine Kerrissey and Evan Schofer, “Union Membership and Political Participation in the United States,” Social Forces 91 (3) (2013): 895–928; Jonathan E. Booth, Daniela Lup, and Mark Williams, “Union Membership and Charitable Giving in the United States,” ILR Review (2016), online prepublication, available at http://journals.sagepub.com/doi/abs/10.1177/0019793916677595.
- David Madland, “Workers Don’t Need Trump to Give Them A Voice. They Need Unions,” TalkPoverty, November 18, 2016, available at https://talkpoverty.org/2016/11/18/workers-dont-need-trump-give-voice-need-unions/.
- Richard B. Freeman, “What Do Unions Do?: The 2004 M-Brane Stringtwister Edition.” Working Paper 11410 (National Bureau of Economic Research, 2005), available at http://www.law.harvard.edu/programs/lwp/2005June.pdf; Kate Bronfenbrenner, “No Holds Barred: The Intensification of Employer Opposition to Organizing” (Washington: Economic Policy Institute, 2009), available at http://www.epi.org/files/page/-/pdf/bp235.pdf; Ellen Dannin and Ann C Hodges, “Strike and You’re Out: The Supreme Court’s Destruction of the Right to Strike,” Truthout, April 25, 2013, available at http://www.truth-out.org/news/item/15913-strike-and-youre-out-the-supreme-courts-destruction-of-the-right-to-strike.
- David Weil, Fissured Workplace: Why Work Became So Bad for So Many and What Can Be Done to Improve It (Cambridge, MA: Harvard University Press, 2014); Mark Barenberg, “Widening the Scope of Worker Organizing” (New York: Roosevelt Institute, 2015), available at http://rooseveltinstitute.org/widening-scope-worker-organizing/.
- Bureau of Labor Statistics, “Union Members Summary,” Press release, January 26, 2017, available at https://www.bls.gov/news.release/union2.nr0.htm.
- Kate Andrias, “The New Labor Law,” The Yale Law Journal 126 (1) (2016), available at http://www.yalelawjournal.org/article/the-new-labor-law; Barenberg, “Widening the Scope of Worker Organizing”; Brishen Rogers, “Libertarian Corporatism is Not an Oxymoron,” Texas Law Review (forthcoming), available at http://www.texaslrev.com/libertarian-corporatism-is-not-an-oxymoron/; David Rolf, “Toward a 21st-Century Labor Movement,” The American Prospect, April 18, 2016, available at http://prospect.org/article/toward-21st-century-labor-movement; Howard Wial, “The Emerging Organizational Structure of Unionism in Low Wage Services,” Rutgers Law Review 45 (3) (1993): 671–738; Matthew Dimick, “Productive Unionism,” UC Irvine Law Review 4 (2014): 679–724.
- David Madland, “The Future of Worker Voice and Power” (Washington: Center for American Progress, 2016), available at https://www.americanprogress.org/issues/economy/report/2016/10/11/143072/the-future-of-worker-voice-and-power/.