[Excerpt] The decline in union density and collective bargaining coverage has created a representation gap that civil society organizations only partially bridge. Their offer of mutual insurance and political and legal advocacy on issues of concern to workers is no substitute for collective bargaining, a function that resides entirely within the union portfolio. Growing wage inequality is the clearest indication that representation without bargaining provides workers little protection against the power of employers and “the state.” Alliances between unions and civil society organizations may help labor reach potential members and advance workers’ non-bargaining interests

Givan, Rebecca

English

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Cornell University ILR School 
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Policy & Issue Briefs ILR Collection 
June 2008 
ILR Impact Brief - Collective Bargaining Remains the Linchpin of 
Worker Representation 
Rebecca Givan 
rkg22@cornell.edu 
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ILR Impact Brief - Collective Bargaining Remains the Linchpin of Worker 
Representation 
Abstract 
[Excerpt] The decline in union density and collective bargaining coverage has created a representation 
gap that civil society organizations only partially bridge. Their offer of mutual insurance and political and 
legal advocacy on issues of concern to workers is no substitute for collective bargaining, a function that 
resides entirely within the union portfolio. Growing wage inequality is the clearest indication that 
representation without bargaining provides workers little protection against the power of employers and 
“the state.” Alliances between unions and civil society organizations may help labor reach potential 
members and advance workers’ non-bargaining interests. 
Keywords 
collective bargaining, union density, wage inequality, unionization 
Comments 
Suggested Citation 
Givan, R. K. (2008). Collective bargaining remains the linchpin of worker representation (Impact Brief 
#29). Ithaca, NY: School of Industrial and Labor Relations, Cornell University. 
http://digitalcommons.ilr.cornell.edu/briefs/44 
For a more in-depth analysis, please see: Givan, R. K. (2007). Side by side we battle onward? Representing 
workers in contemporary America. British Journal of Industrial Relations, 45(4), 829-855. 
The ILR Impact Brief series highlights the research and project based work conducted by ILR faculty that 
is relevant to workplace issues and public policy. The Briefs are prepared by Maralyn Edid, Senior 
Extension Associate, ILR School. 
Required Publisher Statement 
Copyright by Cornell University. 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/briefs/44 
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The Impact Brief series highlights the research and project-
based work conducted by ILR faculty that is relevant to
workplace issues and public policy. Please visit http://
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Collective Bargaining Remains the Linchpin of Worker Representation
Research question: Can unions and civil society orga-
nizations, alone or in combination, adequately repre-
sent the interests of American workers?
Conclusion: The decline in union density and collec-
tive bargaining coverage has created a representation
gap that civil society organizations only partially
bridge. Their offer of mutual insurance and political
and legal advocacy on issues of concern to workers is
no substitute for collective bargaining, a function that
resides entirely within the union portfolio. Growing
wage inequality is the clearest indication that represen-
tation without bargaining provides workers little pro-
tection against the power of employers and “the state.”
Alliances between unions and civil society organiza-
tions may help labor reach potential members and ad-
vance workers’ non-bargaining interests.
Policy implication: Despite a split in the union move-
ment over the allocation of resources between organiz-
ing and political action, the two groups share the goal
of labor law reform. Unions perceive the legal environ-
ment as hostile and seek to avoid representation elec-
tions and other structures created by the National Labor
Relations Act (NLRA). To better protect workers’ rights,
unions are pressing for new laws that would diminish
the power of the union-avoidance industry, impose
stiffer penalties for unfair labor practices, and require
card-check recognition and arbitration for first contracts.
Abstract: By law, only unions can bargain collectively
with employers over wages, hours, and working condi-
tions for non-supervisory workers. But concession bar-
gaining in key industries and declining shares of union
coverage are forcing the labor movement to consider
anew whom to represent, over what issues, and
through what kinds of structures. Civil society organi-
zations are non-bargaining actors that also are wres-
tling with similar questions even as they fulfill some of
the same functions as the unions, such as mutual insur-
ance and related services (e.g., credit cards, discounted
health insurance), and advocacy on hot-button issues
(e.g., raising the minimum wage, healthcare reform).
These latter functional areas—and the organizations
that embrace them—have assumed greater importance
as labor’s ability to protect workers’ rights on the job
and in society at large has diminished.
Nonetheless, the question remains whether workers are
truly represented in the absence of collective bargain-
ing. Some scholars assert that employment and civil
rights laws are a sufficient form of representation,
while others suggest that community-based organiza-
tions and worker centers, with their focus on human
and immigrant rights, living wages, and local economic
development, also represent workers on critical matters.
Still others argue that only unions can successfully or-
ganize, represent, and protect the full range of workers’
interests, although doing so these days requires inno-
vative strategies and alliances with grassroots organi-
zations. Observers cite increasing wage inequality and
the controversial employment relations practices of
by REBECCA KOLINS GIVAN
Professor of Collective Bargaining (ILR)
companies like Wal-Mart as the inevitable result of the
representation gap.
Closing that gap is proving quite a challenge. The 2005
split in the labor movement reflects ongoing internal
debate over priorities and resource allocation: Change
to Win favors reaching out to, and organizing, periph-
eral and previously excluded workers, such as janitors,
laundry workers, and home-based child care workers;
the AFL-CIO emphasizes the continued need for politi-
cal engagement at the state and national level. Both
groups remain fully committed to the core union is-
sues of wages, benefits, and working conditions but
exhibit different attitudes about the relative strategic
importance of rights in the workplace and general
socio-economic and political issues—the very themes
taken up by non-bargaining actors. The emerging is-
sues of workers rights as human rights, and profes-
sional licensing and regulation, meanwhile, are begin-
ning to generate some interest within the movement.
Regardless which matters the two union groupings
choose to emphasize, they both are contending with a
hostile legal and political environment. A strong union-
avoidance industry is often called into action by em-
ployers during organizing drives, representation elec-
tions, and first-contract negotiations. With the right to
organize and bargain collectively under siege, union
affiliates of Change to Win and the AFL-CIO often seek
voluntary recognition by employers to bypass the elec-
tions machinery established by the NLRA. The groups’
ultimate goal, however, is the type of labor law reform
that would, at the least, facilitate and enforce workers’
right to be represented by a union. On this issue, they
are in agreement about the utility of political action.
Although some unions are trying to recruit new mem-
bers through offers of non-bargaining services, such as
credit cards and legal assistance, they have no compara-
tive advantage over civil society organizations that pro-
vide similar services and fill other vital functions. These
non-bargaining actors, frequently organized around iden-
tity or socio-economic concerns, take on causes unions
often relegate to second place. For some demographic
groups—such as low-wage immigrant workers—basic
legal and civil rights, the struggle for dignity, and
strong community connections may at times take prece-
dence over the benefits and protections that come with
collective bargaining.
Unions and non-bargaining actors have complementary
realms of specialization. Each plays a vital role in ad-
vancing workers’ interests, but only unions have the in-
stitutional and legal capacity to represent workers in
three crucial dimensions: collective bargaining, politi-
cal action, and social insurance. Unions that actively
seek out coalition partners from among civil society or-
ganizations may succeed not only in attracting new
members but also in leveraging their ability to affect
workers’ lives.
Methodology: The author drew on recent research into
worker representation, as well as her own interviews
with union members and leaders.
Source publication: “Side by Side We Battle Onward?
Representing Workers in Contemporary America” ap-
peared in the British Journal of Industrial Relations,
45:4 December 2007.


ILR Impact Brief - Collective Bargaining Remains the Linchpin of Worker Representation

The ILR Impact Brief series highlights the research and project based work conducted by ILR faculty that is relevant to workplace issues and public policy. The Briefs are prepared by Maralyn Edid, Senior Extension Associate, ILR School.[Excerpt] The decline in union density and collective bargaining coverage has created a representation gap that civil society organizations only partially bridge. Their offer of mutual insurance and political and legal advocacy on issues of concern to workers is no substitute for collective bargaining, a function that resides entirely within the union portfolio. Growing wage inequality is the clearest indication that representation without bargaining provides workers little protection against the power of employers and “the state.” Alliances between unions and civil society organizations may help labor reach potential members and advance workers’ non-bargaining interests.brief_29Givan.pdf: 837 downloads, before Oct. 1, 2020

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ILR Impact Brief - Collective Bargaining Remains the Linchpin of Worker Representation

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