Posts tagged Voluntarism
Op-Ed: Union membership is now political. So can the government still require people to associate with a union?
July 10, 2024 // Since then, employees have argued that exclusive union representation does violate the First Amendment. Exclusivity saddles them with the “services” of nakedly political bargaining agents. Lower courts have turned those arguments aside mostly because of an older case, Minnesota Board for Community Colleges v. Knight, which suggested that exclusive representation was okay in the public sector. Knight seemed to say that when the government bargains about working conditions, it can choose its own bargaining partner. And if it chooses one exclusive union to bargain with, that choice burdens no one’s associational rights. But whether or not that’s what Knight meant, the decision has no bearing on private-sector bargaining. In the private sector, the government does not choose its own bargaining partner; it imposes one on private parties. And some of those parties object to their unions’ political views—views that are increasingly central to unionization itself. So private-sector bargaining raises a different question: can the government force private citizens to associate with a union when that union’s core purpose is increasingly political? (Elsewhere, I have argued at greater length that it cannot.)