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Labor and Employment Law

Saint Louis University School of Law

2008

Representation election

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Information And The Market For Union Representation, Matthew T. Bodie Jan 2008

Information And The Market For Union Representation, Matthew T. Bodie

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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 …