Mickey Kaus says that the Employee Rights Act doesn’t cut it:
The problem with Wagner Act unionism isn’t necessarily that unions aren’t democratic. It’s that they are granted a power–mainly the power to go on strike as the sole and exclusive bargaining agent of a firm’s workers without the strikers getting fired–that maybe they shouldn’t have. The UAW is a democratic union. That didn’t stop it from crippling the auto industry. The problem is that the wrong people voted in the UAW’s democratic elections–not the suppliers who would be hurt when UAW members decided democratically to win themselves inefficient work rules, not the mayors whose towns were decimated, not the taxpayers who had to bail them out (in part to save the suppliers and mayors), and certainly not the customers. Making even entrenched undemocratic unions more democratic might have the perverse effect of validating those unions’ exercise of their Wagner Act power. According to Barnes, Sen. Hatch “insists the ERA isn’t antiunion.” That’s not a feature. It’s a bug.
Indeed.