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Richard D. Kahlenberg and Moshe Z. Marvit argue that unionization should be legally recognized as a civil right. They are correct that freedom of association is a civil right. But that right also includes freedom from association. Just as workers should have the right to join a union, they should also have the right not to be forced into one.
This right is reflected in the country’s 23 right-to-work states, where workers may not be forced to pay union dues to keep their jobs.
Mr. Kahlenberg and Mr. Marvit also argue that the National Labor Relations Board’s procedures are outdated. On this they are correct. But instead of mirroring the Equal Employment Opportunity Commission, as they suggest, the labor relations board should be a specialized federal judicial court. This would allow the board to have federal civil procedure rules and appellate processes in place of the currently politicized board.