Union Busting

From an employer standpoint, what is the best way to bust an existing union? Would it be possible for an employee, who is a member of a union, to speak against that union and dismantle it from the inside out? I know that there are all sorts of protections for non-unionized employees when they are starting out in the formation of a union, but are there similar protections for union members when they are starting out taking down a union? I'm sure it is a union specific question, but can a union oust an existing member because they are speaking against the union?

To me, especially in states without right to work legislation, it seems that unions and labor entities monopolize employment in certain industries and have gained an unfair advantage when it comes to negotiating with employers. When unions were first suggested and implemented, wasn't the point to place the employees and employers on level playing fields so that neither one had an advantage? It seems to me that when the employees have the upper hand in negotiating, they do right by themselves at the expense of the employer and their industry.

I can't claim to know everything about the situation, but it sure doesn't seem to be working out too well for the auto industry.

Professor' Response

There's a lot here, and a lot more than can be addressed in a blog post. We'll discuss a number of these issues in class, but here's a short response to a few points:

(1) It's a lot easier for a union to keep out a union in the first place than to eliminate one.

(2) If the employees don't want the union, they can either choose a new one or decide not to have one.

(3) It's a stretch to say unions "monopolize employment." Once a contract is up, the employer can hire anyone they wish -- just look at the NFL circa 1987.

(4) The auto industry is a great example of two sides negotiating themselves into a corner. We'll talk details in class.

Keep in mind, though, things are not always as they seem. "Power" is often overstated on either side, and everything is very fact intensive. The key is avoiding assumptions that make it difficult to see the other side's argument.

Additional Files Not on Syllabus

The CaseFile web site includes two files that are not included on my syllabus:

28.0 - RFD
30.0 - Some Team, Somewhere

We may use these for additional in-class discussion, but these are not files that are currently needed, and they are not assignments. Depending on how our other discussions go, I may ask you to bring them to class. (These additional files do not impact the cost of the materials -- it would be $12.95 -- with or without them.)