Workplace Participation & the Right to Organize

Workplace participation refers to the rights of workers to be involved in the democratic process of decision-making as it is applied to the workplace. This may include the right to become a member of a trade union, the right to organize, and the right to collective action. Workers may not be discriminated against based on their decision to participate in the workplace; for instance, a worker may not be fired for joining a trade union that advocates for higher wages. The purpose of trade unions is to engage in collective bargaining pertaining to employee benefits, wages, and working conditions. Unions may also represent workers who experience problems or disputes in the workplace and are seeking reparation.

Legal Issues

The National Labor Relations Act (NLRA), also known as the Wagner Act, was passed in 1935. The NLRA allots workers in the private sector the right to choose whether or not they would like to be represented by a union. The National Labor Relations Board (NLRB) was established for the very purpose of holding elections that would determine whether or not workers did want to unionize. Under the law, employers were unable to discriminate or retaliate in any way against individuals who signaled interest in joining a union. In addition, companies were required by law to participate in what is known as collective bargaining, and refers to the bargaining process that occurs between a company and its unionized or otherwise grouped workers. The NLRA is not extended to employees of the federal government, with the exception of the United States Postal Service. Employees of the federal government have limited rights, which are described in the Federal Labor Relations Act.

Affected Groups

In 2013, an estimated 14.5 million workers were members of trade unions in the United States, a total of 11.3% of the population. That number represented a significant decrease in the last three decades, from 17.7 million or 20.1% of the population in 1983. Given statistics from other countries in the developed world, the United States has one of the lowest labor union participation rates; in 2010, 18.4% of workers were part of unions in Germany, 27.5% in Canada, and 70% in Finland. In the private sector, union membership in the United States is below 7%, a figure that is at its lowest since 1932. Most unions in the United States are in the public sector. These include municipal employees, police, teachers, and healthcare workers. Union members are most likely to be male, older, and residents in one of three geographic regions: the Northeast, California, and the Midwest. On average, they receive between 10 and 30% higher pay than non-unionized employees.

Challenges

The United States has seen a disproportionate drop in rates of unionization in recent years, compared to other industrialized countries. Public opinion has also changed since the 1980s. Indeed, approval of labor unions dropped below 50% during the Great Recession in 2008. Historically, approval of labor unions is dependent on the employment rate; a high unemployment rate is usually associated with low public approval of trade unions.