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Summary Of Are Unions A Constitutional Anomaly By Cynthia Estlund

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Cynthia Estlund (2015) in her article "Are Unions a Constitutional Anomaly?" presents information about labor unions. The article published in the Michigan Law Review journal in 2015. The author analyzes a case of Friedrichs versus the California Teachers Association and supports the point with additional case Harris versus Quinn. Cynthia Estlund brings the argument based on the evidence and argues about the necessity of these unions. In the beginning, the author debates about the agency fee and the anomalous nature of unions and their rules. Later, Estlund explains the labor laws and the components that support the anomalous. Moreover, the author provides arguments and defends it with analyses and statistics about the constitutional controversies …show more content…

Must public workers pay a fee as a condition of employment?
In 2014, a similar case Harris versus Quinn brought to the court. The central concept based on current doctrine approving agency fees. The authors argue whether labor unions are anomalies in the legal system and if there is a constitutional right to ask "the quid pro quo" (this for that). Furthermore, the article connects the labor laws and union necessity to modern businesses. The central concept of the material includes a question about the union needs.
Do public workers need the union representation?
Under the NLRA, unions won powers and privileges unlike many of other voluntary associations. How important are these unions in nowadays? Perhaps, there is the main controversy about the theory of union power. The author believes that the entire structure must change and the central principle of representation "quid and the quo" need renovation. Estlund believes the new century needs new ideas and different approaches. The current employees can’t rely on the laws and concepts, which created centuries ago for that time's specific needs. Today, the workforce is smarter and demands different strategies. The author acknowledges that modern’s workers differ from their

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