This Article addresses the particular problems inherent in the construction industry that prevent employees from choosing whether to be represented by a union. The author examines three recent Supreme Court decisions that have given employers the freedom to choose whether or not their employees will be represented by a union. The author argues that, while it was motivated by a desire to prevent union domination of employees, the Court failed to perceive the unique role that unions play in the construction industry and the protection that unions provide for the worker. The author further argues that the goal of employee free choice is, in fact, subverted by these decisions and that such subversion is contrary to the National Labor Relations Act.
Union Representation in Construction: Who Makes the Choice?,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol18/iss4/2