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NEA/AFT local

for the United Farm Workers, and in every

payroll deduction to defray the fee schedule

case in which NLRA precedent would have

would go into effect upon acceptance by a

affiliates could

supported the employer position, the ALRB

majority of the bargaining unit of a proposal

vote to disaffiliate

ruled that the precedent was not applicable.18

to serve as exclusive representative. Once

and then employ a

During representation elections, there is a

adopted, the fee schedule could be changed,

clear agenda and a narrow range of choices;

if at all, only pursuant to the collective agree-

provider of repre-

the role of the state agencies conducting the

ment between the members of the bargain-

sentation services

elections is clear-cut and seldom challenged.

ing unit and the service provider.

at a much lower

Furthermore, extensive state and federal

In such a system, there would be no need to

experience in conducting representation elec-

monitor the funds paid to an exclusive repre-

cost than union

tions has resulted in a large body of rules and

sentative, just as there is no state monitoring

dues.

regulations that are accepted by the contend-

of how doctors, lawyers, dentists, shoe-shine

ing parties. Consequently, government

workers, or dry cleaners spend the payments

supervision of representation elections may

for their services. To be sure, provisions to pro-

be justified. Nonetheless, unit members can

tect the unit members from inadequate service

make the remaining critical decisions with-

would be essential, but those provisions would

out government supervision.

be included in contracts between the unit

Those decisions would raise a host of

members collectively and the providers of rep-

issues for which no clear-cut answer may be

resentation services. An exclusive representa-

available. For instance, there may be several

tive hired this way would have to be recertified

positions on what to do about the employer's

when the contract expired, thus making it eas-

final contract offer.

ier for unit members to choose a new exclusive

representative if they wished to do so.

1. Accept it.

2. Reject it.

How Do We Get There

3. Delay the decision.

from Here?

4. Accept the offer with conditions.

5. Accept the offer if a strike vote fails.

6. Strike.

Acceptance of the proposal depends in the

first instance on the ability of nonunion

In many instances, no one position would

providers of representation services to offer bet-

command a majority. Requiring teachers to

ter service at much less than the cost of union

choose between the two positions with the

dues. Actually, this proposition can be tested

most votes could lead to the adoption of

under the existing structure of educational

positions that do not command majority

labor relations. NEA/AFT local affiliates could

support in the bargaining unit. For these rea-

vote to disaffiliate and then employ a provider

sons, state agencies should not be involved in

of representation services at a much lower cost

the process by which unit members make

than union dues. This does not happen now

decisions on some of the critical issues dis-

because (1) local teacher leaders are still think-

cussed earlier. Impartial regulation of the

ing inside the box, (2) implementing the idea

procedures by which unit members make

would use the organizational structure con-

these decisions is essential, but government

trolled by the teacher unions to put those very

agencies need not be in charge of the process.

unions out of business, and (3) there has not

For instance, members of the American

been a strong effort to create a competitive mar-

Arbitration Association could chair meetings

ket for teacher representation services.

and conduct elections if the state labor

Nevertheless, demonstration of the viability of

boards do not. The candidate receiving a

the idea would require only a few highly publi-

majority, possibly after a runoff election,

cized examples and a few potential producers

would be the exclusive representative, and

seeking to capitalize on the possibilities.

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