<%BANNER%>

Forming a More Democratic Union

Permanent Link: http://ufdc.ufl.edu/UFE0042366/00001

Material Information

Title: Forming a More Democratic Union Organized Labor and American Democracy, Ideals and Institutions
Physical Description: 1 online resource (303 p.)
Language: english
Creator: Orr, Susan
Publisher: University of Florida
Place of Publication: Gainesville, Fla.
Publication Date: 2010

Subjects

Subjects / Keywords: choice, democracy, employee, free, labor, law
Political Science -- Dissertations, Academic -- UF
Genre: Political Science thesis, Ph.D.
bibliography   ( marcgt )
theses   ( marcgt )
government publication (state, provincial, terriorial, dependent)   ( marcgt )
born-digital   ( sobekcm )
Electronic Thesis or Dissertation

Notes

Abstract: I examine how competing conceptions of democracy have shaped the development of U.S. labor law, and how in turn labor law has impacted the formation of unions and hence the nation?s political democracy. I use the ideas of democratic theorists to illuminate historical debates about labor law, and those associated with contemporary efforts to reform it. I identify three weaknesses in political debates over labor law. First, participants of all political persuasions when engaging in such debates have justified their policy proposals by claiming they will further ?democracy in the workplace? without defining just what they believe democracy entails. Second, that participants engaged in the development of labor law have failed to adequately distinguish processes and problems related to union formation from those associated with the governance of unions once formed. Thus they have addressed problems most properly associated with union governance by amending labor law to make it more difficult to form unions. Finally, there has been a tendency to assume that institutions associated with political democracy can be transported unproblematically into the workplace setting. Having illustrated these weaknesses, I draw on democratic theory to outline a conception of democracy most appropriate for the workplace setting. I then use this conceptualization to evaluate the legal framework that regulates union formation and proposals to reform it, and in addition, to compare the institutions that regulate union formation and those that are used in the political realm for purposes of group formation. As I proceed, I challenge the tendency to treat particular democratic institutions as sacrosanct and thereby insist that they can and must be transported from the political to the economic domain. I am attentive to the importance of clearly differentiating between the problems of forming unions from those involved in holding unions (and union officials) accountable once the union has been formed. These arguments in combination allow me to suggest that the common claim?that unions, compared to the polity, are undemocratic?is misguided and that the current proposal for labor law reform will actually ensure that the union formation process more closely approximates democratic ideals.
General Note: In the series University of Florida Digital Collections.
General Note: Includes vita.
Bibliography: Includes bibliographical references.
Source of Description: Description based on online resource; title from PDF title page.
Source of Description: This bibliographic record is available under the Creative Commons CC0 public domain dedication. The University of Florida Libraries, as creator of this bibliographic record, has waived all rights to it worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.
Statement of Responsibility: by Susan Orr.
Thesis: Thesis (Ph.D.)--University of Florida, 2010.
Local: Adviser: Dodd, Lawrence C.
Electronic Access: RESTRICTED TO UF STUDENTS, STAFF, FACULTY, AND ON-CAMPUS USE UNTIL 2012-12-31

Record Information

Source Institution: UFRGP
Rights Management: Applicable rights reserved.
Classification: lcc - LD1780 2010
System ID: UFE0042366:00001

Permanent Link: http://ufdc.ufl.edu/UFE0042366/00001

Material Information

Title: Forming a More Democratic Union Organized Labor and American Democracy, Ideals and Institutions
Physical Description: 1 online resource (303 p.)
Language: english
Creator: Orr, Susan
Publisher: University of Florida
Place of Publication: Gainesville, Fla.
Publication Date: 2010

Subjects

Subjects / Keywords: choice, democracy, employee, free, labor, law
Political Science -- Dissertations, Academic -- UF
Genre: Political Science thesis, Ph.D.
bibliography   ( marcgt )
theses   ( marcgt )
government publication (state, provincial, terriorial, dependent)   ( marcgt )
born-digital   ( sobekcm )
Electronic Thesis or Dissertation

Notes

Abstract: I examine how competing conceptions of democracy have shaped the development of U.S. labor law, and how in turn labor law has impacted the formation of unions and hence the nation?s political democracy. I use the ideas of democratic theorists to illuminate historical debates about labor law, and those associated with contemporary efforts to reform it. I identify three weaknesses in political debates over labor law. First, participants of all political persuasions when engaging in such debates have justified their policy proposals by claiming they will further ?democracy in the workplace? without defining just what they believe democracy entails. Second, that participants engaged in the development of labor law have failed to adequately distinguish processes and problems related to union formation from those associated with the governance of unions once formed. Thus they have addressed problems most properly associated with union governance by amending labor law to make it more difficult to form unions. Finally, there has been a tendency to assume that institutions associated with political democracy can be transported unproblematically into the workplace setting. Having illustrated these weaknesses, I draw on democratic theory to outline a conception of democracy most appropriate for the workplace setting. I then use this conceptualization to evaluate the legal framework that regulates union formation and proposals to reform it, and in addition, to compare the institutions that regulate union formation and those that are used in the political realm for purposes of group formation. As I proceed, I challenge the tendency to treat particular democratic institutions as sacrosanct and thereby insist that they can and must be transported from the political to the economic domain. I am attentive to the importance of clearly differentiating between the problems of forming unions from those involved in holding unions (and union officials) accountable once the union has been formed. These arguments in combination allow me to suggest that the common claim?that unions, compared to the polity, are undemocratic?is misguided and that the current proposal for labor law reform will actually ensure that the union formation process more closely approximates democratic ideals.
General Note: In the series University of Florida Digital Collections.
General Note: Includes vita.
Bibliography: Includes bibliographical references.
Source of Description: Description based on online resource; title from PDF title page.
Source of Description: This bibliographic record is available under the Creative Commons CC0 public domain dedication. The University of Florida Libraries, as creator of this bibliographic record, has waived all rights to it worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.
Statement of Responsibility: by Susan Orr.
Thesis: Thesis (Ph.D.)--University of Florida, 2010.
Local: Adviser: Dodd, Lawrence C.
Electronic Access: RESTRICTED TO UF STUDENTS, STAFF, FACULTY, AND ON-CAMPUS USE UNTIL 2012-12-31

Record Information

Source Institution: UFRGP
Rights Management: Applicable rights reserved.
Classification: lcc - LD1780 2010
System ID: UFE0042366:00001


This item has the following downloads:


Full Text

PAGE 11

One of the reasons for this general agreement that industry should be put upon a democratic basis may be found in the general disagreement as to what democracy is.

PAGE 12

Without unions industrial democracy is unthinkable. Without democracy in industry, that is where it counts most, there is no such thing as democracy in America Los Angeles Times

PAGE 13

individual

PAGE 15

The unions have been busted, their proud red banners torn. Well, it's sundown on the union, and what's made in the U.S.A., sure was a good idea, 'til greed got in the way. Democracy don't rule the world, You'd better get that in your head.

PAGE 24

West Coast Hotel Co. v. Parrish

PAGE 25

formation governance

PAGE 30

There can no more be democratic self-government in industry without workers participating therein than there could be democratic government in politics without workers having the right to vote.

PAGE 32

New York Times

PAGE 38

New York Times New York Times

PAGE 39

New York Times New York Times New York Times

PAGE 40

New York Times

PAGE 42

Chicago Daily Tribune

PAGE 44

Washington Post

PAGE 46

New York Times A.L.A. Schechter Poultry Corp. v. United States

PAGE 49

National Labor Relations Board v. Jones & Laughlin Steel Corporation

PAGE 54



PAGE 56

by

PAGE 58

collective

PAGE 59

individual

PAGE 68

within formation

PAGE 78

In the case of a word like democracy, not only is there no agreed definition, but the attempt to make one is resisted f rom all sides. It is almost universally felt that when we call a country democratic we are praising it: consequently the defenders of every kind of regime claim that it is a democracy, and fear that they might have to stop using that word if it were tied d own to any one meaning.

PAGE 79

should

PAGE 80



PAGE 82

Preface to Economic Democracy

PAGE 84

certiorari

PAGE 87

judgments preferences if Capitalism, Socialism and Democracy

PAGE 88

all

PAGE 90

Discourses,

PAGE 94

edi ting,

PAGE 100

representationdemocracy

PAGE 101

within

PAGE 102

representative democracy form

PAGE 103

political physical

PAGE 104

some

PAGE 112

Considerations on Representative Government representative being elected to serve on a local body active thinking speaking

PAGE 117

aggregation formation

PAGE 122

Federalist

PAGE 125

Before the union did appear, My life was half as clear, Now I've got the power, To the working hour, And every other day of the year. Oh you don't get me I'm part of the union.

PAGE 127

better

PAGE 130

The Economist Economist within

PAGE 132

composition scope

PAGE 138

might

PAGE 139

compelled

PAGE 142

all

PAGE 149

Globe Machine and Stamping Co.,

PAGE 152

anthe most

PAGE 153

multi employer Ship Owners Association of the Pacific Coast,

PAGE 154

Ship Owners Association of the Pacific Coast, Globe Machine and Stamping Co Ship Owners Association LibbeyOwens Ford scope

PAGE 155

composition Libbey Owens Ford Glass Co., Libbey OwensFord Glass Co., American Can Co.,

PAGE 156

National Tube Doctrine sole National Tube Doctrine American Potash Doctrine, American Potash Mallinc krodt Doctrine National Tube Co Mallinckrodt Doctrine, American Potash Corp Mallinckrodt Chemical Works

PAGE 158

composition An Outline of Law and Procedure in Representation Cases

PAGE 159

not

PAGE 160

through democrati c decisions

PAGE 161

in

PAGE 167

basic

PAGE 169

compelled to act

PAGE 174

exclusive all

PAGE 177

As to representation of the workers you cannot have any more genuine democracy than this. We say under Government supervision let the workers themselves go into a booth and secretly vote, as they do for their political representatives, in a secret ballot, to select their choice. by their employers refrain by unions

PAGE 178

employers

PAGE 179

vis -vis

PAGE 181

Roll CallNational Journal New York Times

PAGE 182

Wall Street Journal

PAGE 184

Dana Corporation

PAGE 186

Wall Street Journal Wall Street Journal

PAGE 188

New York Times Politico,

PAGE 193

Cudahy Packing Co Armour & Co

PAGE 195

individual govern after

PAGE 196

electio ns cases

PAGE 197

American Tube American Tube Bending Co noncoercive NLRB Virginia Electric & Power Co. not not

PAGE 198

General Shoe, General Shoe Corp conditions General Shoe

PAGE 199

General Shoe Thomas v. Collins

PAGE 200

NLRB v Gissel Packing Co

PAGE 201

National Labor Relations BoardGissel Packing Co., Inc.Gissel

PAGE 202

endorse

PAGE 204

more become

PAGE 205

individuals collective

PAGE 217

individual

PAGE 218

mandates

PAGE 219

prior

PAGE 221

form

PAGE 229

What does labor want? We want more schoolhouses and less jails; more books and less arsenals; more learning and less vice; more leisure and less greed; more justice and less revenge; in fact, more of the opportunities to cultivate our better natures.

PAGE 245

individual

PAGE 247

ceteris paribus

PAGE 254

Citizens United v Federal Election Commission

PAGE 255

Citizens United v Federal Election Commission

PAGE 264

New York Times

PAGE 266



PAGE 278



PAGE 281

Union Democracy

PAGE 283

The NLRB and the Appropriate BargainingUunit. Political Behavior Yale Law Review Social Choice and Individual Values American Labor Unio ns in the Electoral Arena. The Ideological Origins of the American Revolution Strong Democracy: Participatory Politics for a New Age. American Politics Research Unequal Democracy: The Political Economy of the New Gilded Age. Quarterly Journal of Political Science Power and Empowerment: A Radical Theory of Participatory Democracy. American Political Science Review Lobbying and Policy Change Minnesota Law Review

PAGE 284

Journal of Labor Research Four Essays on Liberty, Rolling Stone Speech to the Omaha Nebraska Chamber of Commerce Turbulent Years: A History of the American Worker, 1933-1941 The New Deal Collective Bargaining Policy. Hofstra Labor Law Journal What Do Unions Do: A Twenty Year Perspective The Election after Reform: Money,Politics, and the Bipartisan Campaign Reform Act Journal of Political Philosophy Electoral Studies British Journal of Political Science Labor Embattled: History, Power, Rights

PAGE 285

Restoring the Promise of American Labor Law Industrial and Labor Relations Review Economic Policy Institute Briefing Paper 235 Organizing to Win: New Research on Union Strategies Rebuilding Labor: Organizing and Organizers in the New Union Movement, ed. Iowa Law Review What Do Unions Do? A Twenty Year Perspective, Taking Care of Business: Samuel Gompers, George Meany, Lane Kirkland, and the Tragedy of American Labor. Industrial and Labor Relations Review What Do Unions Do? A Twenty Year Perspective, Journal of Labor Research

PAGE 286

The Journal of Political Philosophy Annual Review of Political Science New York Times Chicago Tribune Justice on the Job: Perspectives on the Erosion of Collective Bargaining in the United States The Next Upsurge: Labor and the New Social Movements Annual Review of Sociology Ethics Philosophy, Politics, Democracy: Selected Essays. Swiss Journal of Political Science Ethics Annual Review of Political Science Unfair Advantage: Workers Freedom of Association in the United States under International Human Rights Standards Workers Freedom of Association in the United States under International Human Rights Standards.

PAGE 287

The Hidden History of the Secret Ballot, History Preface to Economic Democracy. Democracy and Its Critics. After the Revolution: Authority in a Good Society. The Unions and the Democrats an Enduring Alliance The Unions and the Democrats: An Enduring Alliance Industrial and Labor Relations Review Journal of Labor Research Annual Review of Political Science Liberalism and Social Action. The Public and its Problems. State of the Unions British Journal of Political Science

PAGE 288

The State and Labor in Modern America Industrial & Labor Relations Review Industrial & Labor Relations Review Economist. American Political Science Review Journal of Political Economy Foundations of Social Choice Theory Journal of Labor Research Labor Pains: Inside Americas New Union Movement Deliberative Democracy, Columbia Law Review Hard Work: Remaking the American Labor Movement Journal of Labor Economics Industrial and Labor Relations Review

PAGE 289

British .Journal of Political Science Worker Centers: Organizing at the Edge of the Dream A Movement Wrestling: Organized Labors Enduring Struggle over Immigration. Studies in American Political Development 23: 84113. The Voice of the People: Public Opinion and Democracy Journal of Labor Research Ohio State Law Journal The Future of Organized Labor in American Politics Presidential Studies Quarterly Working USA Whats the Matter with Kansas? How Conservatives Won the Heart of America.

PAGE 290

. Scales of Justice: Reimagining Political Space in a Globalizing World. The Journal of Economic Perspectives NBER Working Paper No. W9992 America Works: Critical Thoughts on the Exceptional U.S. Labor Market. What Workers Want. What Workers Say. What Do Unions Do? Philosophy and Public Affairs Swiss Journal of Political Science The Politics of Right to Work: The Labor Federations as Special Interests, 1943-1979 Legal Studies Research Paper Series: Research Paper No. 2010-12 University of Missouri School of Law Which Side Are You On? Trying to Be for Labor When Its Flat on Its Back. American Political Science Review The Idea of a Critical Theory.

PAGE 291

Industrial Relations Territoriality and Conflict in an Era of Globalization, An Introduction to Labor Law The Decline of Organized Labor in the United States Philosophy and Public Affairs Annual Review of Political Science American Journal of Political Science Stanford Encyclopedia of Philosophy (Fall 2008 Edition) Labored Relations, Law Politics and the NLRB. Nations Business W orkplace Democracy: The Political Effects of Participation. The Journal of Politics New York Times, Labor in American Politics. The Making of the National Labor Relations Board: 1933-1937 The Reshaping of the National Labor Relations Board: 1937-1947.

PAGE 292

Industrial and Labor Relations Review Broken Promise the Subversion of US Labor Relations Policy, 1947-1994. Duke Law Journal Democracy and Disagreement. Politics & Society The Catholic University Law Review The Liberal Tradition in America: An Interpretation of American Political Thought since the Revolution What Do Unions Do? A Twenty Year Perspective, Journal of Labor Research Social Science Journal Inequality and American Democracy: What We Know and What We Need to Learn Handbook of Party Politics The Economic Journal Industrial and Labor Relations Review

PAGE 293

The Right to Vote: The Contested History of Democracy in the United States. Minnesota Law Review Political Theory American History Review New York Times, Working USA: The Journal of Labor and Society If the Workers Took a Notion New York University Law Review Industrial and Labor Relations Review Journal of Politics Washington Times Utilitas Perspectives on Politics Preferences and Situations: Points of Intersection Between Histo rical and Rational Choice Institutionalism,

PAGE 294

Politics and Society Confessions of a Union Buster. Industrial Democracy in America: the ambiguous promise, Woodrow Wilson Center Series Union Democracy: The Internal Politics of the International Typographical Union Journal of Labor Research Journal of Political Philosophy Industrial Relations Journal British Journal of Industrial Relations Reorganizing the Rust Belt: An Inside Study of the Labor Movement. Annual Review of Political Science Power: A Radical View The Federalist Papers Wall Str eet Journal The Principles of Representative Government Citizen Competence and Democratic Institutions,

PAGE 295

Journal of Political Philosophy Hastings Law Journal Wh at Do Unions Do? A Twenty Year Perspective, Journal of Labor Research Power and Politics in Labor Legislation. Labors Great War: The Struggle for Industrial Democracy and the Origins of Modern American Labor Relations 1912-21 Undermining the right to organize: Employer Behavior during Union Representation Campaigns. American Prospect Rebuilding Labor: Organizing and Organizers in the New Union Movement. Considerations on Representative Government. Philosophy and Public Affairs Political Studies Washington Times From The Wagner Act to TaftHartley. The state of working America2006/2007

PAGE 296

The State of Working America 2008/2009. How Unions Help All Workers. Industrial Democracy in America: The Ambiguous Promise The Blue Eagle At Work: Reclaiming Democratic Rights in the American Workplace. Not Your Fathers Union Movement: Inside the AFLCIO. Perspectives on Politics Annual Review of Political Science New York Times, Political Studies, Legislative History of the Labor Management Relations Act 1947 Legislative History o f the National Labor Relations Act 1935 An Outline of Law and Procedure in Representation Cases Labor History

PAGE 297

The Nature of Rationality. Comparative International Development The Hidden History of the Secret Ballot, CQ Guide to Interest Groups and Lobbying Democracy Is Power. Participation and Democratic Theory Republicanism: A Theory of Freedom and Government Commentary The Politics of Presence Wealth and Democracy The Concept of Representation Constellations The Machiavellian Moment: Florentine Political Thought and the Atlantic Republican Tradition. Journal of Labor Research

PAGE 298

American Sociological Review Journal of Labor Research American Journal of Political Science New York Times, Partnering for Change:Uunions and Community Groups Build Coalitions forEeconomicJjustice Industrial and Labor Relations Review Liberalism against Populism. On the Side of the Angels: An Appreciation of Parties and Partisanship. Mobilization, Participation and Democracy in America. Not Your Father's Union Movement Social Contract and Discourses Journal of Politics The Hill Onlin.,

PAGE 299

Industrial Democracy in America:Tthe AmbiguousPpromise, The Semisovereign People. The Strategy of Conflict Berkley Journal of Employment and Labor Law Capitalism, Socialism, and Democracy. Polity The State of Democratic Theory Democratic Justice Washington Post, Schools of Democracy: A Political History of the American Labor Movement. The Foundations of Modern Political Thought. Liberty Before Liberalism. Diminished Democracy: From Membership to Management in American Civic Life. American Business and Political Power: Public Opinion, Elections and Democ racy From Blackjacks to Briefcases: A History of Commercialized Strikebreaking and Unionbusting in the United States New York University Law School Law Review

PAGE 300

Political Behavior Political Research Quarterly National Review Online Blogging Heads TV Interview. National Journal, Berkeley Journal of Employment and. Labor Law Journal of Labor Research Rights of Union Members and the Government. Poor Workers Unions: Rebuilding Labor from Below New York Times, Annual Review of Political Science The State and the Unions: Labor Relations, Law and the Organized Labor Movement in America, 1880-1960 Review of Economic Statistics Industr ial Relations Journal of Labor Research Bangor Daily News,

PAGE 301

Rekindling the Movement: Labors Quest for Relevance in the Twenty-First Century, American Journal of Political Science Final Report of the Commission on Industrial Relations Political Theory Annual Review of Political Science Voice and Equality: Civic Voluntarism in American Politics. Mechanisms of Democracy: Institutional Design Writ Small. Fluctuating Fortunes: The Political Power of Business in America. New York Time,. An nual Review of Political Science Washington Post Nomos XXV: Liberal Democracy, Liberal Democracy

PAGE 302

Harvard Law Review Top Heavy: A Study of Increasing Inequality of Wealth in America. The Creation of the American Republic, 177687 The CIO: 1935-1955 American Workers, American Unions: The Twentieth Century