[EL] Serious Question About Knox v. SEIU

[Scarberry, Mark]

An employee does not have a choice of a union.

Employees as a body can vote to choose a different union (or I suppose to have none at all), but that is not a right held by the individual worker. It therefore is not an answer to a claim of individual rights made by an employee.

Mark S. Scarberry
Professor of Law
Pepperdine Univ. School of Law


From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Larry Levine
Sent: Friday, June 22, 2012 3:08 PM
To: 'Jonathan Adler'; 'Samuel Bagenstos'; 'Volokh, Eugene'
Cc: law-election at uci.edu
Subject: Re: [EL] Serious Question About Knox v. SEIU

Don't employees have a choice of unions called decertification? Can't they also affiliate with a different union. It isn't easily accomplished. But it can be done.
Larry

From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [mailto:law-election-bounces at department-lists.uci.edu]<mailto:[mailto:law-election-bounces at department-lists.uci.edu]> On Behalf Of Jonathan Adler
Sent: Friday, June 22, 2012 12:42 PM
To: Samuel Bagenstos; Volokh, Eugene
Cc: law-election at uci.edu<mailto:law-election at uci.edu>
Subject: Re: [EL] Serious Question About Knox v. SEIU

Is it possible that another factor is the monopoly position of the union?  If so, might that mean if employees had a choice of union representation (as I understand is the case in some European nations) that there would be less of an issue?  So, for instance, if the state required all motorists to purchase insurance from a single, specified insurance provider it would then be more analogous a public sector union.

Just a thought, and perhaps not one worth pursuing.

------
Jonathan H. Adler
Johan Verheij Memorial Professor of Law
Director, Center for Business Law & Regulation
Case Western Reserve University School of Law
11075 East Boulevard
Cleveland, OH 44106
ph) 216-368-2535
fax) 216-368-2086
cell) 202-255-3012
jha5 at case.edu<mailto:jha5 at case.edu>
http://www.jhadler.net<http://www.jhadler.net/>
SSRN: http://ssrn.com/author=183995


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