Friedrichs: An Unexpected Tool for Labor

Abstract

In this piece I make three claims: (1) once Abood is overturned, the exclusive bargaining regime itself violates the First Amendment rights of unions; (2) “right to work” regimes do not exact a takings from unions (a departure from my earlier view), and; (3) Friedrichs and other cases like Knox and Harris, while commonly understood as contributing to the decline/death of labor, may in fact be mobilizing a more politically conscious (and potentially radical) form of labor.

Keywords: Friedrichs, First Amendment, compelled speech, union, unions, Barnette, agency shop, fair share dues, Harris, Knox, Abood, labor, backlash theory, Takings Clause, Eastern Enterprises, labor radicalization, alt-labor

JEL Classification: K1; K31