The Doomed Constitutional Case Against Exclusive Representation
Associate Professor of Law, Northern Illinois University College of Law
Read the Issue BriefSince the Supreme Court’s 2018 decision in Janus v. AFSCME, anti-union forces have launched repeated constitutional attacks against labor law’s oldest and most foundational principle: exclusive representation, which holds that a union chosen by a majority of employees represents all of them during collective bargaining whether they are members of the union or not. But as Michael Oswalt, Associate Professor of Law at Northern Illinois University College of Law, explains in a new ACS Issue Brief, “the constitutional case against exclusive representation is flatly foreclosed by Supreme Court precedent and otherwise logically and doctrinally unpersuasive.”