Document Type

Article

Publication Date

2008

Keywords

union, union representation, representation election, labor market

Abstract

In its oversight of union representation elections, the National Labor Relations Board seeks to create laboratory conditions to determine "the uninhibited desires" of employees. Despite its comprehensive regulation of union and employer campaign conduct, however, the Board fails to insure that employees get basic information relating to their decision. This Article proposes a new paradigm for the representation decision: that of a purchase of representation services. This "purchase of services" model demonstrates that the market for union representation lacks the standard features required under economic theory to drive information into the marketplace. The resulting information deficiencies may render employees poorly equipped to make their representation decision.

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