Good Honest Dollar $$

In last week’s post, I outlined two common objections toward the concept of allowing workers the right to form unions and bargain on a collective basis.

Today, I would like to outline the reasons why I feel that workers should have the right to form unions.

 
The employer-employee relationship is a special case
In last week’s discussion, I asked why employees should be granted special rights, such as the right to bargain on a collective basis, which are not granted to other economic participants.

My answer – the employer/employee relationship is a special case.

As a result of the degree to which the majority of workers are financially dependent upon a singular employer, employees are considerably more susceptible than other economic participants toward abuses of their rights. In light of this, it is reasonable to expect there should be some respects where employees are given different treatment under the law to that of other economic participants.

(Whilst sensible employers will always honor the rights of their staff, we must nevertheless accept the unfortunate reality that some attempts to exploit workers do occur from unscrupulous employers.)

 
The case for unions
There is, in my view, a strong case for allowing workers to form a representative body and bargain on a collective basis:

 
• A powerful deterrent to abuse of worker rights.

Fear of confrontation with powerful unions can, on one hand, result in employers accepting unreasonable demands.

On the other hand, such a fear provides a powerful deterrent to the abuse of worker rights.

Whilst primary responsibility for worker protection should rest with the government, the unfortunate reality is that government actions are not always sufficient to prevent exploitation of workers in every country.

In any case, even in countries where governments do adopt proactive measures toward the protection of worker rights, the fear of confrontation with unions (in addition to the prospect of legal penalties) still acts as a powerful deterrent toward the abuse of such rights.

 
• Affordable legal advice and representation.

Legal action never should be considered in terms of the resolution of workplace disputes until all other possible approaches have been exhausted.

Nevertheless, in cases of genuine rights abuses from unscrupulous and unrepentant employers, it is imperative that aggrieved workers not be disadvantaged in the legal system from either: (a) a lack of financial capacity to pursue legal remedies; or (b) any lack of understanding of their legal rights.

This is one area where a union can play a pivotal role – by providing its members legal advice and representation.

Furthermore, in many cases, a visit from union representatives (along with the associated message that the employee concerned has a powerful organization standing right behind him or her) is sufficient to pull unscrupulous employers into line.

 
An Internationally Recognized Right
The right to join the union is specifically recognized in the Universal Declaration on Human Rights (article 23, sub-section 4), along with the right of refusal to do so (refer article 20, sub-section 2).

Human rights must have a global baseline standard, beyond which any breaches are considered to be human rights abuses.

Whilst the declaration is not perfect, it is the best we have in terms of internationally agreed standards. Any attempt by any government (or any other party) to prevent citizens from acting upon their rights as specified under the declaration, including the right to belong to a union, should be considered a human rights abuse.

 
The strongest argument – common sense
In some cases, collective bargaining through unions would appear to be a matter of simple common sense.

This is particularly the case where firms employ large numbers of workers and/or the tasks performed by a significant portion of an organization’s staff are largely homogeneous in nature.

In such cases, attempting to negotiate wages and conditions on an individual basis, with each and every individual worker, would be pointless, impractical and inefficient. Equally ineffective is the practice whereby employers simply offer employment conditions on a take it or leave it basis without any form of negotiation. Such an approach provides no mechanism for worker input, nor any opportunity for sensible discussion as to how the agreement can be structured to best suit the requirements of both parties.

The most sensible option in these types of cases is for staff to elect representatives to negotiate workplace agreements on their behalf. This approach is not only efficient, but it provides an effective mechanism to enable the agreement to be structured in the best possible way in order to meet the requirements of both parties.

 
The right not to join a union
Whilst the right to belong to a union has international recognition, so to does the right of refusal to do so, and under no circumstances should union membership ever be mandatory, compulsory, or a condition of any form of employment.