The Unbundled Union: Politics Without Collective Bargaining

60 Pages Posted: 9 Oct 2013  

Benjamin I. Sachs

Harvard Law School

Date Written: October 8, 2013

Abstract

Public policy in the United States is disproportionately responsive to the wealthy, and the traditional response to this problem, campaign finance regulation, has failed. As students of politics have long recognized, however, political influence flows not only from wealth but also from organization, a form of political power open to all income groups. Accordingly, as this Essay argues, a promising alternative to campaign finance regulations is legal interventions designed to facilitate political organizing by the poor and middle class. To date, the most important legal intervention of this kind has been labor law, and the labor union has been the central vehicle for this type of organizing. But the labor union as a political-organizational vehicle suffers a fundamental flaw: unions bundle political organization with collective bargaining, a highly contested form of economic organization. As a result, opposition to collective bargaining impedes unions’ ability to serve as a political-organizing vehicle for lower- and middle-income groups.

This Essay proposes that labor law unbundle the union, allowing employees to organize politically through the union form without also organizing economically for collective bargaining purposes. Doing so would have the immediate effect of liberating political-organizational efforts from the constraints of collective bargaining, an outcome that could mitigate representational inequality. The Essay identifies the legal reforms that would be necessary to enable such unbundled “political unions” to succeed. It concludes by looking beyond the union context and suggesting a broader regime of reforms aimed at facilitating political organizing by those income groups for whom representational inequality is now a problem.

Keywords: labor law, union, labor, politics, collective bargaining, political equality, equality, campaign finance, campaign finance reform, political organizing, organizing, law and social change, social change, social movement, community

JEL Classification: J50, J51, J53, J58, J59

Suggested Citation

Sachs, Benjamin I., The Unbundled Union: Politics Without Collective Bargaining (October 8, 2013). 123 Yale Law Journal 148 (2013). Available at SSRN: https://ssrn.com/abstract=2337561

Benjamin I. Sachs (Contact Author)

Harvard Law School ( email )

1525 Massachusetts Avenue
Griswold 406
Cambridge, MA 02138
United States

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