Policy Issues Concerning theContingent Work Force

The growing problem of abuse and marginalization of what has become known as the "contingent work force" is no longer a secret. More and more, conferences like this one are addressing the issue. An increasing number of popular press and academic articles are also bringing the topic into the mainstream. Representative Patricia Schroeder's persistence in introducing legislation and holding hearings on the subject has played a major role in increasing the understanding of the plight of contingent workers, as well as the social and economic implications of this trend.Indeed, it is a measure of Representative Schroeder's success that within the last year the contingent work force issue has been at the forefront in four other governmental arenas. First, Senator Howard Metzenbaum introduced a Contingent Workforce Equity Act(1) that not only addressed the part-time and temporary categories of contingent workers covered in Representative Schroeder's bill,(2) but also covered other contingent work force categories such as independent contractors, contract employees, and leased employees.(3) Second, the Presidential Commission on the Future of Worker-Management Relations (Dunlop Commission) developed a strong interest in the problems of the contingent work force. The Dunlop Commission devoted several days of hearings to the subject and issued various related recommendations in its final report, issued last December.(4) Third, Labor Secretary Robert Reich announced a series of surveys and other projects designed to investigate and develop more concrete information about contingent employment trends. He also reaffirmed the U.S. Department of Labor's (DOL) commitment to increased enforcement of worker classification guidelines.(5) The DOL's Bureau of Labor Statistics and Women's Bureau continue to focus seriously on these concerns. Finally, Bill Gould, Chairman of the National Labor Relations Board (NLRB), issued several public statements about the need for new NLRB policies with regard to the application of the National Labor Relations Act (NLRA)(6) to contingent workers.(7)Thus, the contingent work force's major role in our economy is a secret no more. Discussing the root of the problem in its interim Fact Finding Report last May, the Dunlop Commission stated:The growing number of "contingent" and other non-standard workers poses the problem of how to balance employers' needs for flexibility with workers' needs for adequate income protections, job security, and the application of public laws that these arrangements often preclude, including labor protection and labor-relations statutes.(8)The Commission highlighted the fact that the current legal framework of collective bargaining is "somewhat ill-suited" to the task of protecting the economic and personal rights of contingent workers.(9) Presently, collective bargaining is based on the nonanalogous model of "a group of employees who work together for a single employer. "(10)Making the problem more complex is the fact, also recognized by the Dunlop Commission, that "these contingent work relationships now encompass many more workers and take ever more forms."(11) Although Representative Schroeder focuses on two of the most prevalent forms of contingent employment -- part-time and temporary work(12) -- the term generally is understood also to encompass independent contractors, leased employees, seasonal or casual employees, and contract employees.Before discussing these other forms of contingent work, I will address Edward Lenz's analysis of part-time and temporary contingent work.(13) Mr. Lenz disputes the growth of the contingent work force in recent years.(14) He also questions whether there is any reason to assume that the percentage of involuntary part-time or temporary workers has increased.(15)The DOL's surveys provide powerful evidence on both points. Consider the following: As of 1992, more than 20 million U.S. workers worked part time. …