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0 pointspseudalopex8y ago0 comments

> you can have an open shop in a state that doesn't have a right-to-work law

"Right to work" laws are also called "open shop" laws because that's what they mandate. Of course unions can choose not to collect agency fees in other states.

Going back to the beginning, you claimed that unions can negotiate closed shops. The Taft-Hartley Act outlawed closed shops, NLRB v. General Motors made union shops equivalent to agency shops, and 28 states forbid agency shops.

> Alternative way of phrasing that: Only unions which represent the majority have the ability to compel all members to accept whatever terms they negotiate.

No, those statements aren't equivalent. Plenty of other negotiations see parties authorize their representatives to agree to terms within certain parameters. Plenty of contracts commit the parties to accept the result of some process.

> They have to represent them for things like grievances, yes, but that doesn't mean that they can't pick and choose which subgroups they advocate for in negotiations over others.

They can't choose members as one of those groups. If other groupings correlate with membership, sure, they can get away with some favoritism. You originally claimed they can exclude non-members entirely.

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chimeracoder8y ago

> Going back to the beginning, you claimed that unions can negotiate closed shops

This is a rather pedantic quibble. In the US, "closed shop" refers to post-entry closed shops, which are legal (except in states with right-to-work laws), as opposed to pre-entry closed shops (which is what Taft-Hartley outlawed nationwide).

Despite that ban, unions can still use tactics like hiring halls (even contractually mandated ones) to simulate the effects of a pre-entry closed shop, while still technically not running afoul of the letter of Taft-Hartley, but undermining the clear intent of it.

> No, those statements aren't equivalent. Plenty of other negotiations see parties authorize their representatives to agree to terms within certain parameters. Plenty of contracts commit the parties to accept the result of some process.

You're missing the point, which is that unions can compel people who never entered a contract with the union or authorized the union as their representative, as long as that person is a member of a bargaining unit for which the union has secured majority representation.

pseudalopexOP8y ago

I only brought up the distinction between closed shop and union shop to cite sources. You can call them whatever you like. The Supreme Court says unions can't require actual membership, only fees, and in 28 states they can't require that either.

Hiring halls are subject to the same laws. Individual cases of discrimination can be hard to prove, but patterns are hard to defend.

Federal law sets the terms of union representation. Some union members would be happy to have collective bargaining for union members and individual bargaining for non-members, but that isn't an option.

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