SACRAMENTO, CA - More than 84 percent of Americans believe that workers should have the freedom to negotiate wages and working conditions with employers, according to a recent poll by the Marketing Research Institute. If this is true, then it's time to end exclusive union representation in the workplace.

Under federal law, if a majority of employees vote to be represented by a union, then that union becomes the
exclusive representative during contract negotiations for all the employees of that organization. Dissenters are
prohibited from representing themselves and cannot hire another union to collectively bargain for them. The
majority-backed union becomes the only entity permitted by law to negotiate with the management.

This blatant violation of free association has been part of labor law since the adoption of the National Labor Relations Act in 1935. It granted unions exclusive representation privileges based on the premise that any deviation from the monopoly bargaining structure would diminish the union's bargaining power and thus negatively impact all workers.

Without it, supporters claimed, employees would have the incentive to free ride off the union, enjoying the benefits of union bargaining without paying for it. Continual free riding, they said, would destroy the credibility of the union in the eyes of management. To them, union security is in jeopardy without exclusive representation. This argument is weak because contract benefits can be exclusionary.

Members of a certain union could bargain for a set of benefits while their co-workers in another union could
negotiate for another set. No group is free riding off the gains of the other, and benefits can be clearly allocated
based upon affiliation. Further, allowing multiple unions to "compete'' for workers' allegiance will make them stronger, not weaker. With their monopoly status revoked, unions will have to earn the trust of members by producing results. As with business, if they fail to adapt to the new environment, they will go under and new unions will take over.

Some unions that have dominated certain companies and industries for decades have become cesspools of corruption, with union bosses enjoying lavish perks and enormous salaries. With the threat of competition, union leaders will only be allowed to earn what their members and the union "market'' will allow. Those union bosses who are effective representatives for their members will be compensated handsomely as their services will be in high demand. Those that can't cut it will be dismissed.

Changing the exclusive representation law might be the only way unions can save themselves from a slow death. In 2004, just 12.5 percent of all workers (including public sector workers) were members, down from 20.1 percent in 1983. Private-sector union membership declines have been more dramatic, from 16 percent membership in 1983 to just 7.9 percent of workers in 2004. A recent Zogby poll suggests that these plunging rates will continue. It found that only one of three non-union workers would consider voting for unionization. It also uncovered that 39 percent of non-union workers feel that organized labor is no longer needed. Who
could blame them?

A system of forced representation tramples the individual rights of workers. Unions should be voluntary associations, composed of willing participants. Forcing workers to accept exclusive representation by unions not of their choosing is a violation of their freedom of association. It's time to end the union monopoly and repeal the exclusive representation law.

Anthony P. Archie is a public policy fellow at the PacificResearch Institute. He can be reached via email at
aarchie@pacificresearch.org.