Unions’ claim to democratic legitimacy rests on a simple legal requirement: In order to be recognized, they have to win a certification election. As winners of just such an election, they’re fully empowered to represent their members. Case closed.
But, because of a strange twist of U.S. labor law, few current union members have ever had the opportunity to vote on union representation. Just 7 percent of current private-sector union members have been able to vote in a union-certification election. In many localities, even fewer government employees have had the chance to vote.
This happens because unions don’t have to run for re-election. Once formed, a union remains certified indefinitely. Unless workers jump through the many hoops necessary to call for a decertification election, they will never vote again. For most, union elections operate on the principle of one man, one vote, one time.
Consider New York City public schools. The district’s teachers voted for the United Federation of Teachers (UFT) in 1961. Everyone who participated in that election has since retired or died. But the UFT still represents the district’s teachers. New hires inherited the union their predecessors voted for.
“One and done” voting gives workers lower-quality workplace representation. Imagine how well members of Congress would represent their constituents if they never stood for re-election. That is what happens to union members. And polling shows them widely dissatisfied with their unions:
‐Sixty-six percent of union members say their union officers primarily look for themselves;
‐Fifty-seven percent say they get too little value for the dues they pay;
‐Sixty-three percent say that union executives get paid too much; and
‐Seventy-two percent want their union held more accountable to its members.
Fortunately, some states have recognized this problem. In 2011 both Tennessee and Wisconsin required government unions to stand for re-election. In these states, government unions must periodically win the support of a majority of employees. Otherwise, they cannot bargain on their behalf.
Wisconsin recently concluded its latest round of union elections — for public-school employees — to little fanfare. But the results show why such accountability matters.
Fully 93 percent of Wisconsin’s collective bargaining units re-elected their unions. Most teachers liked their union and voted for it. But employees felt otherwise in the remaining unions.
For example, just 186 of the 826 workers in the Milwaukee Public Schools food-service division voted to re-elect SEIU Local 150. Previously the SEIU would have continued to represent these workers, despite having little support. No longer. All told, 21 units covering 2,950 employees decided against continuing their union representation.
More states should follow Wisconsin and Tennessee’s lead. If unions want to represent workers, they should have to ask permission more than once.