Three key ideas about how unions should best respond to declining union membership have become gospel in the United States labor community. First, unions should avoid the National Labor Relations Board (NLRB), because it is hostile to worker rights. Second, the biggest problem facing unions is...

In this paper, we demonstrate that the court-developed doctrine which allows an employer to implement its final offer upon reaching an impasse has now become a tool for lawlessness and that this important explanation for the decline of union membership in the United States has been wrongly...