Two roads diverged: Legal context and changing levels of private and public sector union density in the US states, 1984–2019

Abstract

This article examines the causes of the different historical trajectories of US union membership in the private and public sectors, a topic relevant for understanding the link between unions and industrial democracy. The article focuses on the different legal contexts shaping membership in these two sectors, especially the role of right-to-work (RTW) and public sector collective bargaining (PSCB) laws. Using state-level data from 1984 to 2019, the study finds that RTW laws decrease, and PSCB laws increase union membership in both sectors, suggesting cross-over effects. The authors conclude with a discussion of the implications of these findings for the prospects of expanding economic and industrial democracy.