Can the ‘Clean Slate’ ‘Go Big’ on Its Own? The Contribution of the Union Default

Abstract

Unions’ presence and influence in the United States continue to atrophy. One key reason for this decline is the difficulties in certifying via the National Labor Relations Act. Consequently, labor-oriented scholars have developed proposals to overhaul and/or supplement this process. One of the most far-reaching is the ‘Clean Slate’. We contend that, though a welcome advance, ‘Clean Slate’ is a necessary but insufficient law reform to revive unions. Accordingly, we suggest a complementary policy, the union default, to the ‘Clean Slate’. With a union default, ‘Clean Slate’ would produce a much swifter and more dramatic resurgence in union membership and resources, sparking a badly needed virtuous upward spiral.