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Boosting Union Membership: Reconciling Liberal and Social Democratic Conceptions of Freedom of Association via a Union Default

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  • Mark Harcourt
  • Gregor Gall
  • Nisha Novell
  • Margaret Wilson

Abstract

Deploying insights from legal experts in New Zealand, this article examines how a union default could strengthen unions and boost their membership, while reconciling conflicting liberal and social democratic conceptions of freedom of association. The insights are used to develop a broad framework by which a default system could work both in New Zealand and more generally. These insights are then applied to the case of Britain, wherein components of the institutional architecture, embodied in Schedule A1 of the Employment Relations Act 1999, could be appropriately amended.

Suggested Citation

  • Mark Harcourt & Gregor Gall & Nisha Novell & Margaret Wilson, 2021. "Boosting Union Membership: Reconciling Liberal and Social Democratic Conceptions of Freedom of Association via a Union Default," Industrial Law Journal, Industrial Law Society, vol. 50(3), pages 375-404.
    • Handle: RePEc:oup:indlaw:v:50:y:2021:i:3:p:375-404.
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    File URL: http://hdl.handle.net/10.1093/indlaw/dwaa018
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    Cited by:

    1. Mark Harcourt & Gregor Gall & Margaret Wilson, 2023. "The effects of public goods framing for a union default policy," Economic and Industrial Democracy, Department of Economic History, Uppsala University, Sweden, vol. 44(4), pages 1197-1221, November.
    2. Mark Harcourt & Gregor Gall & Margaret Wilson, 2023. "The union default: Effects and implications of regulated opting‐out," Industrial Relations Journal, Wiley Blackwell, vol. 54(2), pages 132-149, March.
    3. Mark Harcourt & Gregor Gall & Margaret Wilson, 2024. "The union default: Free‐riding solutions," Industrial Relations Journal, Wiley Blackwell, vol. 55(4), pages 267-284, July.

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