How to Boost Unions’ Power? Sectoral Bargaining.

sec•tor•al bar•gain•ing

noun

1. a labor pol­i­cy that enables unions to set stan­dards for their whole indus­try, boost­ing their lever­ag­ing power 
“Sectoral bargaining could shift employers from competing based on who can pay their workers the least, to competing based on the quality of their services.” —Charlotte Garden, Professor, Seattle University School of Law

Why can’t unions do “sec­toral bar­gain­ing” now? 

In the­o­ry, they can—and have before. In 1980, for exam­ple, about a tenth of work­ers were cov­ered by mul­ti-employ­er agree­ments that set indus­try-wide stan­dards, espe­cial­ly work­ers in steel, auto, truck­ing, con­struc­tion and mining. 

What hap­pened? An onslaught of dereg­u­la­tion and anti-union attacks reversed those gains. 

Only 11% of work­ers are cov­ered by union con­tracts today, total. (And just 6% of the entire pri­vate sec­tor.) Unions sim­ply lack the pow­er and mem­ber­ship to orga­nize entire sec­tors and indus­tries. Sec­toral or mul­ti-employ­er bar­gain­ing does exist—in heav­i­ly union­ized indus­tries, like hos­pi­tal­i­ty—but, most­ly, unions nego­ti­ate wages and improve con­di­tions at one indi­vid­ual work­site at a time. 

How much of a dif­fer­ence would sec­toral bar­gain­ing make? 

You may have already heard of the “union dif­fer­ence”—that the aver­age union­ized work­er has high­er wages, bet­ter ben­e­fits and safer work­ing con­di­tions than a non-union work­er. There’s also a “sec­toral bar­gain­ing dif­fer­ence” (the phrase just isn’t as catchy). In Euro­pean coun­tries where indus­try-wide bar­gain­ing is rou­tine, union con­tracts cov­er more work­ers and have an even greater impact on decreas­ing eco­nom­ic inequal­i­ty while improv­ing work-life bal­ance. Ger­man met­al­work­ers, for exam­ple, won a 28-hour work week in 2018. 

Less inequal­i­ty and more pow­er for work­ers sounds good. How do we get sec­toral bargaining? 

We have a bit of a chick­en-and-egg prob­lem: To build a stronger labor move­ment, we could use bet­ter labor law that favors work­ing peo­ple—pre­vail­ing wage laws, for exam­ple, would help force employ­ers to nego­ti­ate indus­try-wide stan­dards. But to win bet­ter labor law, we could real­ly use a stronger labor movement. 

So the place to start is wher­ev­er you hap­pen to be: Labor needs more union mem­ber­ship. And pret­ty much every­one in labor agrees it needs to be eas­i­er for work­ers to join unions.

The Pro­tect­ing the Right to Orga­nize Act would remove some of the major dif­fi­cul­ties faced by union orga­niz­ers and passed in the House ear­li­er this year. It now waits in the Sen­ate. Like so much else, its chance of becom­ing law any time soon great­ly depends on who wins in Novem­ber. If it does pass, unions can begin the process of rebuild­ing their bar­gain­ing pow­er from the bot­tom up. 

This blog originally appeared at In These Times on October 22, 2020. Reprinted with permission.

About the Author: This blog was written by the editors of In These Times as part of their Big Idea series.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.