How would union recertification work?
Wisconsin provides a guide. Public employees have the right to recertify their union annually. The process is contracted to the American Arbitration Association and overseen by the Wisconsin Employment Relations Commission. Voting takes place via telephone over a 20-day period.
To win reelection the union must receive votes from a majority of the bargaining unit, not just those voting in the election. This includes all workers covered by the collective bargaining agreement, not just dues-paying union members.
If the union fails to obtain votes from a majority of the unit, the state commission decertifies the union and the same union or a “substantially similar collective bargaining unit” cannot try to organize the workers for 12 months.
How much will it cost?
Workplace democracy costs less than the price of a cup of coffee per vote and costs taxpayers nothing. In Wisconsin the cost is about $1.50 per voter, which is paid for by unions. The cost varies depending on the size of the union — smaller unions pay less per voter, because the state’s filing fee is based on a sliding scale. John Wright, after studying Wisconsin’s recertification rules, suggests that these elections could be operated for as little as nine cents per vote.
Why do workers in right-to-work states need regular recertification elections?
Workers in right-to-work states do not need to pay a union as a condition of employment. But because unions have a monopoly on worker representation, they speak for every employee, regardless of membership status. This means workers who opt out of union membership are still forced to accept representation from a union they almost certainly did not elect.
Unionized employees should have the power to pick who gets the privilege of representing them. Requiring unions to hold regular certification elections provides all employees a voice in deciding who is best-suited to represent their interests.
Don’t union members already elect their union officers? Isn’t that enough democratic accountability?
Union members typically do vote for their officers, but in many cases, the election is a forgone conclusion by the time members actually vote. Take for example the “election” of UAW officers. The Detroit Free Press reports that no UAW president has been elected since 1970 who was not endorsed by the union’s powerful Reuther Caucus. In fact, TIME magazine describes UAW officials as being “picked” rather than elected.
Additionally, workers who have opted out of union membership are not allowed to vote in officer elections or for their contracts. These workers have no say in who is going to run the unions that they are required to accept representation from.
Lastly, electing officers for a particular union provides only a limited amount of democratic accountability for the union. Only when workers have the ability to elect an entirely new union to represent their interests will they be able to hold their bargaining representatives fully accountable.
Why can’t union members vote out an unwanted union?
Voting out a union requires decertifying, and although it is possible, the deck is severely stacked against employees who want to pursue this option. In order to decertify a union, workers must get at least 30 percent of their co-workers to sign a petition to hold an election, and then the workers must receive a majority of the votes to decertify.
This process is not as easy as it sounds. Workers typically can only exercise this option during a narrow window based on when the current collective bargaining agreement expires. The employer may not help the workers with this process at all, but unions can and often do spend large sums of money to squash the effort.
Will recertification harm unions?
No, not in general. Union recertification will compel unions to compete and possibly enable less-established unions to gain new members. Competition between firms yields better products and services for consumers. When unions compete, workers will be the beneficiaries of better representation and service. Union recertification will also help level the playing field for new or smaller unions that may be able to provide better representation but rarely get the chance to organize a new workplace.
Can union recertification apply to both public and private sector unions?
Because of federal pre-emption, state legislatures only have control over labor policies in the public sector. Therefore, they can only give public employees the right to regular recertification elections. Congress would need to pass federal legislation, such as the Employee Rights Act, to provide the same right to private sector union members.