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Opening teacher

and AFT. On the one hand, unions are con-

One reason is that the political dynamics of

cerned about the widespread view that they

the proposed legislation would be very differ-

representation to

are the major obstacles to terminating

ent from the dynamics of efforts to decertify

competition

incompetent teachers. On the other hand, if

an incumbent NEA/AFT affiliate as the bar-

would enable

they reduce their opposition to teacher ter-

gaining agent. The dynamics of decertifica-

mination, union membership will likely be

tion involve only teachers, which means that

independent

seen as providing less protection against

the superior resources of the NEA/AFT will be

teacher organiza-

abuse of administrative discretion in dis-

decisive in all but a few isolated cases. The rec-

tions to maintain

missals. Of course, the unions will continue

ommendations in this analysis, however, have

to recruit some teachers who are afraid that

the potential to weaken this advantage. The

their emphasis on

nonmembership will cause the union to be

interest groups that are concerned about

professionalism

less resolute in support of their grievances,

NEA/AFT support for a hardcore left agenda

especially challenges to dismissals. There is

cannot participate effectively in district-by-dis-

while turning the

often a drop in union membership among

trict efforts to decertify NEA/AFT affiliates,

representation

teachers who have just achieved tenure.

but they can support legislation that would

issue to their

render it easier for teachers to decertify

NEA/AFT affiliates everywhere in a state.

advantage.

The Prospects for Enactment

Consequently, the proposal should receive the

support of a variety of interest groups and

Although representation by membership

organizations that are bystanders on teacher

organizations is taken for granted in public

representation issues at the present time.

education, requiring service consumers to be

Of course, the NEA/AFT may be as suc-

represented solely by membership organiza-

cessful in persuading teachers that real

tions is the exception, not the rule, with

teacher choice of representation is bad for

respect to professional services. The vast

teachers; after all, the unions have persuaded

majority of the American people do not

many parents that real parental choice of

require their professional service providers to

schools is undesirable. Perhaps they would be

be membership organizations. In cases where

successful in making such an argument, but

the law does impose this requirement, mem-

the proposal provides the independent

bership-based service providers themselves

teacher organizations in the bargaining law

promoted the restriction because they want-

states a platform on which they could

ed protection from competition. The restric-

become a much more serious threat to the

tion is always characterized, of course, as pro-

NEA/AFT. Opening teacher representation

tection for consumers.

to competition would enable the indepen-

For constitutional reasons, federal labor

dent teacher organizations to maintain their

law does not apply to state and local public

emphasis on professionalism while turning

employment. As a result, the bargaining laws

the representation issue to their advantage.

covering public school teachers are state

Actually, even under the existing statutes, the

statutes that frequently incorporate language

independent teacher organizations could ini-

from the NLRA. In that connection, it should

tiate a representation election armed with

be noted that the NLRA authorizes individu-

three or four proposals from parties seeking

als to be designated as exclusive representa-

to represent teachers at a small fraction of

tives. Section 2(4) of the act states that "The

the amount that teachers pay in dues and

term `representative' includes any individual

agency fees to their incumbent exclusive rep-

or labor organization."23 True, individuals

resentatives. The independent organizations

have seldom been designated as the exclusive

could combine those proposals with the

representative in private sector labor relations,

commitment to allow everyone in the bar-

but there is reason to believe that the enabling

gaining unit the right to vote on the selection

legislation could materialize in some states.

of the negotiators, their fee schedules, and

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