The Arbitration Gamble

A steady decline in union membership has led union organizers and sympathetic politicians to introduce “labor reform” legislation designed to make it easier for unions to gain representation rights over more workers without becoming more accountable to those workers. The main labor reform bill before Congress, the “Employee Free Choice Act,” has two particularly problematic provisions. The first is “card check” recognition, which would hurt workers by doing away with the use of secret-ballot elections to determine worker preferences for union representation. The second troubling aspect of the labor reform proposal is its misuse of binding arbitration.

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