This paper examines the major differences between public and private sector unions in the United States. It traces the historical development of public sector unionization, from New York City's 1958 collective bargaining rights to President Kennedy's 1961 executive order. The paper contrasts the competitive pressures that discipline private sector unions with the absence of market competition in government, explaining why public employees often enjoy higher wages and benefits. It also explores declining private sector union membership, the shifting organizing strategies of major unions, and the uncertain future of the American labor movement in a changing workplace.
More than 200 members of the U.S. House of Representatives and U.S. Senate have in recent times supported the Employee Free Choice Act to permit workers the freedom to form unions. The consequences of this legislative support, combined with a larger focus on economic and workforce-related issues, have made the rights of workers and unions a topic of widespread discussion across the country. There has been an expansion of public sector unionized employment that appears to point toward larger government and higher taxes. In 1932, the movement to organize public employees began and gained strength with the election of liberal government administrations at all levels of government.
In 1958, a significant administrative action occurred when Robert Wagner, Mayor of New York City, granted collective bargaining rights to unions representing city employees. At the federal level, President John F. Kennedy issued an executive order in 1961 that authorized collective bargaining for federal employees and provided the impetus for similar action by other levels of government, ultimately extending this right to all public employees.
Many unions in the private sector operate in crafts and industries with few companies or that are concentrated in one region of the country. This is a logical pattern — factors such as few employers or regionally concentrated employers make organizing more manageable. By contrast, the large number of employers and their geographic dispersal significantly restrict unionization in trade, services, and agriculture. A 1989 unionization rate of 35 percent in the public sector versus 12 percent in the private sector further illustrates that unions perform best in highly regulated, monopolistic environments.
For most private sector workers, federal labor laws grant the right to collective bargaining, but these laws do not extend the same fundamental employment right to those who work for state governments or their institutions. For public sector workers, laws governing collective bargaining vary widely across the country.
Competition among businesses compels private sector unions to be reasonable in their demands or risk causing business insolvency and thus costing their members their jobs. In government, however, no such competition exists. This is the central distinction between government and the private economy in the areas of rivalry and consumer choice. Private sector businesses that negotiate union contracts with excessive pay and inefficient work rules are quickly forced to raise their prices and reduce the quality of their customer service to meet the demands of their labor agreements.
In the private sector, consumers have choices, and they will avoid high prices and poor service by patronizing competing businesses. This market competition forces labor unions to be reasonable in their demands or face losing employment for their members by driving the business into insolvency. In government, however, no such competition exists. Citizens and taxpayers have no alternative if a state government negotiates expensive and inefficient union contracts with state employees. Citizens have no direct means of seeking lower-cost roads, a less expensive prison system, or other alternatives in the operation of state government — short of packing up and moving to another state.
People who do not or cannot relocate are forced to either continue paying higher taxes or spend their time, energy, and money pressuring elected officials for change — something most people simply cannot afford to do. Unlike in the private sector, people cannot simply choose a better provider of government services. As a result, government employee unions face very little external pressure to moderate their demands. This is why wages and benefits for government employees are often higher than those of private sector employees.
The case of American Airlines flight staff accepting a 15 percent pay cut serves as a stark reminder of the difference between private and public sector unions. The flight staff understood that without their concession, their employer could face insolvency — potentially resulting in massive pay cuts, extensive layoffs, or even the closure of the company and the loss of all their jobs. In the public sector, however, unions and their members face few such concerns. They can demand ever-higher wages and benefits and, once obtained, refuse to accept any compromise during difficult times. The outcome is generally not a matter of concern to them. Unions in government negotiations typically insist they will give back nothing — and why would they? They have almost nothing to lose by holding firm.
"Public sector advantage in pay and job security"
"Membership decline and new organizing approaches"
"Prospects for union relevance in modern workplaces"
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