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Historically, nations have pursued a variety of purposes in regulating unions and collective bargaining. These purposes include increasing efficiency and promoting economic growth; promoting equity in bargaining power between management and labor; redistributing wealth from employers to employees; promoting the workers' collective voice, industrial democracy, and pluralistic national democracy; and minimizing industrial strife in the conduct of collective bargaining. These efforts seem fundamentally misguided under the traditional economic model of unions and collective bargaining. The traditional analysis holds that the source of union wage increases is a labor monopoly, which causes inefficiency and inequity by raising unionized workers' wages above the competitive level at the expense of displaced workers, who lose their jobs, and consumers, who pay higher prices. Monopoly theorists also traditionally characterize unions as brutal and undemocratic.

However, the traditional analysis is logically and empirically flawed in that it ignores other more likely sources of union wage increases, including productivity increases and employer rents, and contains no model of bargaining between management and labor. The modern bargaining model of unions and collective bargaining suggests that nations can adopt appropriate regulation of unions and collective bargaining to achieve all of the purposes that nations have historically sought in drafting their labor laws. The bargaining model can also act as a framework for the comparative analysis of various nations' labor laws to evaluate why they have achieved different levels of success with respect to desired purposes, such as economic growth, redistribution of wealth, and industrial peace.

The Monopoly Model

Practitioners of the traditional monopoly model of unions and collective bargaining commonly make four assumptions in their analysis. First, they assume that union wage increases are a result of labor cartels. Although economists have long acknowledged that employer profits from market power or productive resources could be possible sources of union wage increases, the traditional analysis has consistently focused on the labor cartel as the source of union benefits.

Second, under the monopoly model, it is assumed that employers respond to wage demands by retreating up their labor demand curves, raising the price of their goods to consumers, and laying off workers, who then enter other labor markets to depress wages. In the labor monopoly analysis, there is no bargaining over wages or employment; the union unilaterally sets wages and the employer determines how many workers should show up for work each day.

Third, the costs of collective bargaining are assumed to be simple transaction costs; there is no attribution to opportunism or strategic behavior as an explanation. Even strikes are considered to be merely information costs communicating lack of profitability at a given wage offer and lowering worker expectations.

Finally, although it is not necessary for their analysis, practitioners of the monopoly model commonly assume that unions are violent and undemocratic.

The conclusion of the monopoly model is that unions are inefficient and inequitable. Unions are inefficient in that they cause both inefficient production and consumption. Under the monopoly model, employers respond to union wage demands by laying off productive workers to less efficient uses and inefficiently substituting capital for labor. Unions also instigate inefficient consumption in that they raise the price of their goods above the competitive level and cause consumers inefficiently to substitute other goods. Moreover, the process of collective bargaining imposes deadweight losses on society in the form of employer efforts to avoid organization, strikes, and foregone consumption.

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