What Is The Representation Gap?

 

 

The What Series

 

 

Introduction

What is the Representation Gap? Ever heard someone mention it or read it, and you’re curious as to what it is? Perhaps this is the first time you’ve ever heard the term. Wherever you are in all this, the Representation Gap is our topic for this article.

Oxford Reference defines the Representation Gap this way:

“The representation gap refers to the fact that a significant proportion of workers in non-union enterprises would like to be represented either by a trade union or by some other form of representative body.”

This works quite nicely for our purposes.

Put another way, though, many non-union people would like to be represented but aren’t.

How do we know this?

For starters, this book – The Representation Gap by Brian Towers – written in 1997, was a scholarly approach to researching, understanding, and documenting the growing Representation Gap since the 1980s. It isn’t the only one that discusses the systemic problems in the current economic model that lead to the Representation Gap, either.

Peter Drucker’s fantastic 2002 book Managing In The Next Society touches on it, too (more on that later).

Consider also 23 Things They Don’t Tell You About Capitalism, by Ha-Joon Chang. This eye-opening book has a lot to say about the economic model that creates conditions that bring about the Representation Gap.

There are others, but these two are the most recent to join my bookshelf.

These books (and others) explore the economic model that creates an environment where the Representation Gap exists – and this is a good segue into our next point.

 

As important as those are, however, the experiential data – the stories, confessions, and desires from those who’ve said as much ring loud and clear.

 

Why is there a Representation Gap?

 

In a 2022 article in The Harvard Gazette, Lawrence Katz – Harvard labor economist – was interviewed about the uptick in organizing drive, and commenting on the Amazon Labor Union victory in Staten Island, he had this to say:

“If you do surveys and ask nonunion workers whether they would be in favor of having a union, in the latest ones, a majority say they would. Yet, union election activity is low: About 10 percent of all American workers are members of unions. That’s because we have a system in which you typically need to win a highly contested election to have a chance of union representation, for the most part. It’s very rare for employers to accept workers unionizing without a fight. Over the years, a whole industry has developed of union avoidance and of consultants who specialize in helping employers form strategies to prevent unionization and defeat unions in National Labor Relations Board elections. We can see the reports of the tremendous resources that Amazon put into keeping out unions. I think the general sense is the delays that employers are able to do, the fact that they can (at least implicitly) intimidate workers trying to organize and even fire such workers, has hindered U.S. employees in exercising their right to unionize under the National Labor Relations Act. And the penalties for such unfair and illegal labor practices are often modest and can sometimes be imposed only many years later (e.g., some back pay may be owed once the union drive has been defeated). Thus, U.S. employers have learned very much over the past decades about how to defeat unionization efforts, even when it appears most of the workers want to be represented by union and desire a greater voice in the workplace.”

Indeed, weak labor law and a niche industry that is estimated to earn OVER $400 MILLION YEARLY has created the representation gap. There are others, however, who have more to say about it. Take Oxford Reference for example:

“It is a product of the decline of trade unionism and collective bargaining and the continued aspiration of many employees to participate in the government of industry through representative institutions. The existence of the representation gap suggests that for many workers management communication and attempts at employee involvement are not an adequate substitute for independent representation at work.”

Looked at another way, Peter Drucker’s Managing In The Next Society – published in 2002, when asked what his critique of capitalism was, he had this to say:

 

“I am for the free market. Even though it doesn’t work too well, nothing else works at all. But I have serious reservations about capitalism as a system because it idolizes economics as the be-all and end-all of life. It is one-dimensional.

For example, I have often advised managers that a 20-1 salary ratio is the limit beyond which they cannot go if they don’t want resentment and falling morale to hit their companies. I worried back in the 1930s that the great inequality generated by the Industrial Revolution would result in so much despair that something like fascism would take hold. Unfortunately, I was right.

Today, I believe it is socially and morally unforgivable when managers reap huge profits for themselves but fire workers. As societies, we will pay a heavy price for the contempt this generates among the middle managers and workers.

In short, whole dimensions of what it means to be a human being and treated as one are not incorporated into the economic calculus of capitalism. For such a myopic system, to dominate other aspects of life is not good for any society.”

 

What I find interesting is that Peter Drucker has been called the “Father of modern management,” consulted with some of the largest corporations, and yet his words fell on deaf ears.

 

Related: Read Managing In The Next Society – Book Review

 

What The Representation Gap Means

 

The fact that the representation gap exists tells us a few things.

First, it’s quite clear that non-union workers would like to be union but aren’t. The reasons why – and, more importantly, the reasons why they aren’t – matter, but not when simply acknowledging its existence.

Second, it’s also clear the reasons why non-union workers aren’t union but want to be: the steps to organizing a workplace are enormous, the unfair advantage owners and corporations have when it comes to organizing, the continual use of propaganda by anti-union advocates is vast, and the ineffective labor law to hold them accountable when they break the law are but starters.

This is why many – this author included – believe that if workers could hear both sides simultaneously and then decide (without the polemic, empty rhetoric, and intimidation so prevalent today), you’d see the representation gap shrink dramatically with millions of new union members.

Third, since 2022, we’ve seen an uptick in organizing campaigns nationwide, and Gen Z is the most pro-union generation on record – despite the vehemently anti-union positions from most companies and corporations. This indicates that despite anti-union hurdles, interest in unions remains strong.

 

How The Representation Gap Is Important

 

The existence of the representation gap is important because it tells us the climate in the American workplace, today. If there was no representation gap, that would mean there isn’t an interest in American workers organizing and either joining or forming a union. This would be a weapon anti-union advocates would wield and exploit endlessly. As it currently stands, however, it is the exact opposite.

Interest has increased significantly in organizing. For example, 2022 and 2023 saw some of the most robust growth in organizing in the past two decades – and, in the first quarter of 2024, NLRB petitions increased 35% compared to just last year at the same time!

Moreover, it indicates we have substantial problems with our current economic model. The decline in union membership is equal to the decline in the middle class – resulting in the growing gulf between the elites and everyone else.

These are but a few of the reasons why the representation gap is important in the current American landscape.

 

Who Is Affected By The Representation Gap?

 

This is an interesting question. The obvious answer would be the ones who want to be represented but aren’t. And you’d be right.

However, that is just the tip of the iceberg. The truth is, EVERYONE is affected by the representation gap; allow me to explain.

First, as JFK poignantly stated, a rising tide lifts all boats. IF those who constitute the representation gap remain non-union through the various anti-union attacks discussed above, American workers overall are affected. This is because the very existence of unions raises the wages, benefits, working conditions, and overall awareness of workers. Union workers make more than their non-union counterparts already; consider, for example, that according to the Bureau of Labor Statistics (BLS), a non-union worker makes just 86% of what a union member makes. That’s all industries and averaged across the United States. So, if more union members are making more money, that means more non-union workers will be making more money, too. Read The Positive Ripple Effects of The UAW to explore this phenomenon further.

Second, we extend the first point out to the general population. If workers are making more money, benefits, and – in many cases, the often overlooked case of working conditions – things are better for more people overall. Anti-union advocates argue the cost of everything goes up as a result, and therefore, workers should reject unions. This argument is disingenuous for several reasons – and addressing them is not the purpose of this article. I would only say if you want a complete breakdown of our current capitalist economic system, I HIGHLY encourage everyone to read 23 Things They Don’t Tell You About Capitalism by Ha-Joon Chang. The author does a fantastic job addressing numerous talking points and the first chapter alone is worth the price of the book.

Beyond that, though, I’d like to offer the reader not so much what anti-union advocates are saying so much as what they are NOT. Essentially, they would tell you that you should not seek any increase in wages, benefits, or working conditions because the prices of things would increase. In other words, we have created a system that ensures that you remain where you are and that you cannot get ahead – be glad you have a job. They wouldn’t come right out and say this – but that’s effectively what they mean.

 

What The Representation Gap Says About Our Labor Law Today

 

Having explored everything above, what does it say about American labor law that such a representation gap exists? Is it safe to assume that we have a problem? Can Americans really count on labor law changing, to actually helping them instead of big business?

The answers: it says we have substantial problems with our labor law, and we can count on changes – but I’m not optimistic they will be positive.

Take, for example, the overturning of the Chevron Doctrine, the challenges to the FTC’s ban on non-compete agreements, the challenges to the DOL’ expanded overtime availability for salaried workers, or even the Space-X lawsuit asserting the National Labor Relations Board is unconstitutional.

Each of these (and other examples not mentioned) have one thing in common: they were designed to protect workers, and EACH ONE has been challenged. While we do not know the outcome for any of them yet, it’s clear we have a substantial problem with our labor law – especially when the governing bodies of those laws are challenged.

To that end, there is but one surefire way for workers to counter the erosion of workers’ rights: organize.

 

“The only effective answer to organized greed is organized labor.”

Tom Donahue

 

Pushing beyond the representation gap – where people want to be represented but are not – is the only effective weapon workers ultimately have. IF anti-union forces are successful at keeping people divided, workers’ rights will continue to erode, wages and benefits will continue to stagnate, and working conditions will eventually decline.

Yes, we need stronger labor laws. But just as important – and even more powerful – is the power of everyone coming together.

United we stand, divide we fall – it’s not just a mantra for the United States – it’s the anthem for workers everywhere.

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