Who Gets To Unionize?
Last week, the National Labor Relations Board ruled that medical interns and
residents at private hospitals were employees--not students--and could
therefore form unions. What other types of employees can unionize?
The large majority of them. In 1935, Congress passed the National Labor
Relations Act, which gives virtually every private sector employee the right to
unionize and bargain collectively. (This is why last week's decision of the
NLRB, which administers the act, affects only private hospitals.) Since
1935, most government employees--whether federal, state, or local--have gained
the same rights through other national or state laws. So, only those workers
specifically exempted from the NLRA are not guaranteed the ability to unionize.
(However, this does not mean that they are prohibited from
unionizing--rather, that they cannot seek federal protection if their employer
refuses to recognize a union.) They include:
Small business employees: The definition of "small business" has not
changed since the 1950s. As a result, there are very few companies that still
qualify. (For example, a wholesale store would have to have annual sales below
$50,000; a retail store, below $500,000; and a law firm, below $200,000.)
Managers and supervisors: This group includes anyone with hiring,
firing, disciplinary, or compensatory authority over other workers. They are
viewed as employers, not employees.
Independent contractors: These are people who are hired on an
individual, project-by-project basis. They are a growing segment of the
workforce, particularly in computer-related fields.
Agricultural workers: Because they are seasonal laborers and have a
high turnover rate, they were excluded from the law. Only California has
granted them unionization privileges.
Domestic employees: This group includes maids, butlers, and other
live-in household help.
Although most American workers can join unions, a decreasing percentage are
doing so. In 1998, only 13.9 percent of the workforce was unionized--down from
20.1 percent in 1983 (the first year comparable statistics were collected). And
when government employees are excluded, the percentages are even lower: While
37.5 percent of public workers are unionized, only 9.5 percent of the private
sector is.
Next question?
