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by neuland
2938 days ago
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The equilibrium that I would like to see is the opposite: no forced membership and no requirement to represent non-members. I imagine after the impending Janus SCOTUS decision, this is something unions will have to push for as a last-resort (versus what they seem to want, which is forced membership and required representation). |
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There is no requirement to represent non-members. There is a requirement to represent all members of the bargaining unit. The union is free to define a narrower bargaining unit that only includes non-members.
In the US, unions choose not to do this because they can always define a larger bargaining unit and collect fees from non-members, and there's almost no downside for them to do so. In other countries, unions aren't allowed to redefine bargaining units unilaterally, or aren't allowed to collect fees from non-members, or aren't allowed exclusive representation over non-members.