I thought it would be appropriate, particularly for unions which narrowly lost an election, to provide for some form of representation for the people who want to be represented by them, at least on a limited set of issues. The Federal Mediation and Conciliation Service has done some studies on this. The numbers are alarmingly small. The studies that I recall from when I was chairman show that less than 50 percent of unions were able to obtain contracts. Again, here's an area where I think we have something to learn from the Canadians, who provide for first contract arbitration where the parties are unable to resolve their differences.
Most employees choose collective bargaining in the hope they'll get a contract.
If they don't get a contract, they're going to lose interest in the process. I think it's particularly important, given the resistance that many unions face in the electoral process, that the law give a boost to the bargaining process when it's in its embryonic stage. It should provide for third-party impartial arbitration of conditions of employment that the parties are unable to address through a collective bargaining agreement, and in effect provide them with their first contract. I would say that both unions and employers are better off if they can resolve their disputes without resorting to a strike. Strikes should always be the matter of last resort, and I think that most unions agree with this view.