F. Vincent Vernuccio, labor policy director at the free-market Mackinac Center
for Public Policy, spelled out the problem and his proposed “Worker’s Choice”
fix in a report published Tuesday.
CHOICE: F. Vincent Vernuccio wants to end forced union representation in the
public sector
“We’re suggesting a very simple, very commonsense approach that if workers don’t
want representation, and don’t want to pay for representation, they should be
able to represent themselves,” Vernuccio told Watchdog.org.
“It gives workers the freedom to say, ‘No thanks,’ and it gives unions the
freedom to say, ‘Goodbye,’ and it works out for everybody,” Vernuccio continued.
Under existing laws in most states, some or all public-sector workers can
unionize. When they do, the union becomes their “exclusive representative” in
negotiations with employers.
Exclusive representation gives unions monopoly bargaining power over workers’
pay and other aspects of their jobs, restricting the freedom of workers and of
unions, too.
BACKGROUND: How powerful are public employee unions in your state?
Unions support exclusive representation, but complain about its effects in
states where right-to-work laws let workers avoid forced dues.
Even in right-to-work states, workers can be stuck with representation they
don’t want — and unions stuck representing nonmembers, referred to as “free
riders” by union bosses.
The Worker’s Choice model legislation Vernuccio recommends would fix this for
public-sector workers and their unions, without making any other changes to
union laws.
“We went to great lengths to make sure there were no unintended consequences of
this idea,” Vernuccio said. “Mainly, we made sure that it’s a small, logical
change and it doesn’t change collective bargaining in any other way.”
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With right-to-work laws on the books in 25 states — including
traditional union strongholds Michigan and Wisconsin — Vernuccio and
Mackinac believe it’s past time to address the issue of forced
representation.
Vernuccio thinks state legislatures could accomplish this using his
Worker’s Choice plan to reform public-sector union laws, most of
which are based on the National Labor Relations Act of 1935.
John Adams, an Ohio Senate candidate and former member of Ohio House
leadership who pushed for right-to-work in the state before reaching
his term limit, sees Worker’s Choice as a logical extension of
right-to-work.
“I would support any legislation advancing the American dream of
having a job without being forced to have a union between you and
your employer,” Adams told Watchdog.org.
Adams suggested lawmakers could easily implement Worker’s Choice in
right-to-work states, since those states already protect workers
from forced union dues.
“Worker’s Choice would take away the union ‘free rider’ complaint,”
he added, which could lead more states to adopt right-to-work laws.
But not his home state, at least for the foreseeable future. “In
Ohio it’s not about being able to win the argument, because there’s
no political will to even make the argument,” Adams said.
In states with right-to-work laws, Vernuccio sees Worker’s Choice as
the missing piece that would free public-sector unions to behave
like other businesses.
“Right-to-work makes unions stronger,” Vernuccio said, “Because
unions can’t take their membership for granted in a right-to-work
state.”
With Worker’s Choice, “those unions can go back to those workers and
say, ‘If you want representation, you have to pay up,'” he
explained.
“That’s the way the free market works,” Vernuccio concluded.
“Essentially it’s a binary choice: either you’re in the union and
paying the union, or you’re out of the union and representing
yourself.”
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