Suppose you are among those who believe that the NLRA should be transformed. What arguments support the claim that a complete overhaul is necessary? What alternative models might be considered as a replacement for the NLRA model of exclusive representation?
What will be an ideal response?
The primary reason for transforming the NLRA is the adversarial nature of labor relations in the U.S. which many argue is caused by the very nature of the NLRA. Proponents of transformation argue that adversarialism is bad for employees and employers in a global economy because it makes both representation and profit maximization more difficult. Specific features of the NLRA that foster adversarialism are the concepts of exclusive representation and majority support. Because a union must garner the support of a majority of workers, the representation process takes on an "us vs. them" flavor in which both sides try to make the other look bad to the employees who will be voting. One option to change the tone of the NLRA would be to provide legal support for nonmajority unions by requiring employers to negotiate with these unions. The contracts would not extend to all workers, only to those who are part of the union. A second option would be to supplement or replace the certification process with works councils. Other elements of transformation might include employee free speech rights, unjust dismissal procedures, employee representation on company boards, and the right to workplace information.
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