A Modern Union for the Modern Economy

63 Pages Posted: 1 Mar 2017 Last revised: 24 Mar 2017

Jeffrey M. Hirsch

University of North Carolina School of Law

Joseph Seiner

University of South Carolina School of Law

Date Written: February 27, 2017

Abstract

Membership in traditional unions has steeply declined over the past two decades. As the White House and Congress are now completely Republican controlled, there promises to be no reversal of this trend in the near future. In the face of this rejection of traditional bargaining efforts, several attempts have been made to create alternative “quasi-union” or “alt-labor” relationships between workers and employers. These arrangements represent a creative approach by workers to have their voices heard in a collective manner, though still falling far short of the traditional protections afforded by employment and labor law statutes.

This Article critiques one such high-profile, quasi-union effort in the technology sector—the Uber Guild. While the Guild does not provide any of the traditional bargaining protections found in the National Labor Relations Act (NLRA), it offers Uber drivers some input over the terms and conditions under which they work. Falling somewhere between employment-at-will and unionization protected under the NLRA, the Uber Guild is a creative attempt to help both workers and the company to better understand how they can improve the working relationship.

This Article navigates the Uber Guild and other nontraditional efforts that promise a collective voice for workers in the face of a precipitous decline in union membership. Closely examining the implications of these existing quasi-union relationships, this Article explores how workers in the technology sector face unique challenges under workplace laws. We argue that these workers are particularly well situated to benefit from a nontraditional union model and explain what that model should look like. While there can be no doubt that a traditional union protected by the NLRA is the optimal bargaining arrangement, we must consider the enormous challenges workers in the technology sector face in obtaining these protections. A modern union is needed for the modern economy.

Keywords: union, labor, gig, Uber, NLRA alt-labor, contingent workers

JEL Classification: J5, J51, J53, K31

Suggested Citation

Hirsch, Jeffrey M. and Seiner, Joseph, A Modern Union for the Modern Economy (February 27, 2017). Fordham Law Review (2018 Forthcoming); UNC Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2924833 or http://dx.doi.org/10.2139/ssrn.2924833

Jeffrey M. Hirsch (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
919-962-7675 (Phone)

Joseph A. Seiner

University of South Carolina School of Law ( email )

Main & Greene Streets
Columbia, SC 29208
United States
(803) 777-5569 (Phone)
(803) 777-2368 (Fax)

HOME PAGE: http://www.law.sc.edu/faculty/seiner/

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