“I want every man to have the chance . . . in which he can better his condition; when he may look forward and hope to be a hired laborer this year and the next, work for himself afterwards, and finally to hire men to work for him. That is the true system.”
— Abraham Lincoln
How better to encourage Lincoln’s “true system” of upward mobility than by allowing hard-working employees to receive pay raises and spot bonuses when they deserve them? That, in a nutshell, is the philosophy behind the RAISE (Rewarding Achievement and Incentivizing Successful Employees) Act. It would lift the restrictions that bar employers subject to collective-bargaining agreements from rewarding their best workers with pay increases or bonuses based solely on merit.
That’s right. Federal labor law — specifically, the National Labor Relations Act — actually prohibits employers from rewarding employees in this manner without permission from union officials. The Heritage Foundation’s labor expert James Sherk explains:
Most Americans know that unions set a floor for workers’ wages: An employer may not pay individual union members less than the amount bargained for by the union. Few Americans know that unions also set a ceiling for workers’ wages: Businesses may also not pay individual workers more than the amount for which their union bargained.
Unions are exclusive bargaining representatives. They represent all employees in a bargaining unit as a group, and they negotiate a collective contract that applies to all workers. Employers may not pay individuals more than the contract allows without first negotiating such an increase with the union.
This statutory cap on ambition went largely unnoticed on Capitol Hill until Senator Marco Rubio (R., Fla.) and 19 of his colleagues introduced the RAISE Act and forced the full Senate to consider it last week as an amendment to the farm bill. It garnered 45 votes: Every Republican — save Mark Kirk (Ill.), who is recuperating from a stroke and missed the vote, and Lisa Murkowski (Alaska), who flat-out opposed it — voted for the measure. Zero Democrats did so. Representative Todd Rokita (R., Ind.) has introduced an identical version of the RAISE Act in the House, where it has 68 cosponsors.
The existing law has produced numerous examples of a perverse antipathy to excellence. My personal favorite involves the Brooklyn Hospital Center in New York. As part of an initiative to improve its services, the hospital identified the top-performing 10 percent of its nurses. The nurses were then invited to an awards breakfast, where each received a $100 gift card. Enter the National Labor Relations Board (NLRB), which noted that the hospital had committed an unpardonable error by failing to secure prior union approval of the bonuses. The NLRB ordered the nurses to return their hard-earned cards.
Anecdotes like this one point to a larger problem. Only about 20 percent of union employees currently work in jobs where merit-based pay is available. Compare that to non-union workplaces, where half of all employees can earn more according to their merit. Sherk calculates that more than 7.6 million union workers would immediately qualify for such raises if today’s legal barriers were removed.
But union leaders don’t seem interested in making sure that their members are rewarded for hard work. They blanketed the Senate with letters of opposition to the RAISE Act, revealing their utter disdain for our free-enterprise system.
Consider the missive sent to all senators by James P. Hoffa, general president of the International Brotherhood of Teamsters. For starters, Hoffa describes unions as “the workers’ duly selected representative.” This is misleading because, as Sherk points out, only 7 percent of private-sector union members actually voted to certify the union to which they pay dues.
The RAISE Act would harm workers, Hoffa continues, because it would preclude unions from negotiating uniform wage increases and standards for all employees. Instead, it would foster a merit-based model for employee pay known in labor-law circles as “direct dealing.” Merit pay, he warns, would inevitably lead to “favoritism” and “arbitrary action” by companies. The RAISE Act is nothing more than a “ploy to divide workers,” which “opens the door to discrimination and nepotism.”
How does it do that? Apparently, Hoffa thinks that if left to their own devices, employers would have “unfettered discretion” to behave like, well, union bosses, by ignoring merit, hard work, and worker productivity when deciding on employee remuneration. In this view, market forces don’t matter, and there is no such thing as a fiduciary responsibility to shareholders. Hoffa seems to believe that, faced with the choice of maximizing profits, productivity, and the value of the enterprise, on the one hand, or frittering away company profits and assets on unwarranted wage increases for “friends, family members, or other favored employees,” corporate executives will choose patronage and corruption every time.
Though union leaders may disagree, workers deserve better than federal labor laws that stifle the very virtues that lead to prosperity and the realization of Lincoln’s “true system” of upward economic mobility for all.
• Franc is vice president of government studies at the Heritage Foundation.





Comments (21)
Add commentHow many times has the Union agreed to
a business' request for increased pay or bonus for any particular employee? I can see how nepotism and favoritism may, if gone unchecked, stack the deck undeservedly.
One man's exemplary employee is another's son-in-law.
Actions such as rescinding gift cards, though, are viewed as petty exhibitions and I doubt it is a common practice for the Unions to stick their noses into similar 'luncheon' award ceremonies.
nepotism
Hoffa & Murkowski prime examples
Hmmm
Im not sure how I stand on RAISE - but clearly other Alaskans know.
I'm glad that the write-in campaign for Lisa resulted in her successful seat AND that she doesn't automatically follow the Repub. senators.
She asks her constituents and represents us.
Thank you.
Interesting.......
First the GOP decides that all unions are the spawn of the devil and primarily responsible for the downfall of our cities, states, and the nation (never mind that the firefighter who saves your house is also your neighbor) because they are sucking up soooooo much of the city/state/nation's coffers - - -clearly the fault of the union memeber, not the state legislature that would rather buy new stuff every year than pay down it's bills.... but now we want to increase that amount by giving merit raises?
You think maybe there's another end game at work here?
Unions
Unions are the back bone of labor in this country. Without them there would be sweat shops, and a minimum wage even more below the cost of living than it is now. Unions help the middle class survive.
No, bill, actually you're
No, bill, actually you're exactly wrong. Unions help to hold wages down for non-union workers and drive prices up for the consumer. Same as the federally mandated minimum wage.
Here's all you need to know about unions - "collective". Isn't that just so communist?
What in the heLL is wrong with Murkowski? She can't be counted on for anything. Maybe Dingy Harry could demand to see her tax returns - who's paying her off?
Colypso
Collective is not the same a "communist"
We happen to have "food co-op [cooperative]" and I don't think the members are all "communists".
Recommend: a good dictionary of the English language.
ROFLMAO!!
Calypso - you are rich, my friend!
I can hardly stop laughing - - - unions (and the minimum wage) hold wages DOWN? Because benevolent business owners always want to pay their workers more money at the expense of their own profits? (which must be why so many jobs recently are outsourced to countries where companies can pay workers $10 a day or less.....and why so many illegals are hired in this country - why pay a good carpenter $30 an hour, when you can pay an illegal $8?)
Oh, please, please explain how that works - I can hardly wait.
@Calypso
Please explain how unions hold wages down. If there weren't unions wages would be low! You need to do some research before putting foot in mouth!
swimmer - Research free
swimmer - Research free markets and how they impact economies rather than just bashing business. Look into right-to-work laws also. And Krugman is not a good source to learn about these issues.
wally - from Wiki - "A cooperative is a non-profit organization somewhat similar to a trade association (a collective). A significant difference between the cooperative and the trade association, however, is that with a trade association, the members have a non-equity position in the association, whereas in the typical cooperative the members will have an equity interest as all members of the cooperative own a portion of the cooperative."
Less snark towards those that hold a differing opinion would go a long way towards civility. Just because a poster disagrees with you doesn't make them stupid or someone to be ridiculed.
Calypso
I did not say you are stupid or someone to be ridiculed - I just questioned your idea of "collective" being the same as "communist."
Over many years in Alaska I have noticed at times that when canneries or fish-buyers have only offered a price for fish that the fishermen would not accept, they have refused to fish. They acted collectively, but I doubt you will find many Alaskan fishermen are "communists." They are probably not even "socialists".
Collective action is not the same as being a Marxist, Leninanist "communist."
"When you're rich, you want a Republican in office."
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What's up with posting
What's up with posting today?
wally - I'm not sure how your anecdote relates to the -isms.
However, I AM sure that collectivism is a tenant of the -isms, no matter how you try to explain it away.
Calypso
What do you mean "collectivism is a tenant of the -isms"??
? ? ?
Calypso - let me rephrase
Calypso - I have a minor in economics. Clearly, someone can research the same material and come up with different opinions.
I asked, and will do so again with more civility - -
Calypso - would you please explain to me, in your own words, why you think unions result in holding wages down?
I would really like to know why you think that is the case.
thanks.
Calypso
I am still pondering and trying to understand what you wrote in your comment that "collectivism is a tenant of the -isms, no matter how you try to explain it away."
Please explain your comment clearly to myself and others who comment.
Do you mean that "collectivism" is a "tenant" of commun-ism, or capital-ism, Catholic-ism or Protestant- ism, or rac-ism or Buddh-ism, or Calypso-ism or all beliefs, even if held by only one individual ???
Most commentators speak, read and write in the English language so that we can understand each other... but "collectivism is a tenant of the -isms" doesn't seem to make much sense in the language we use.
I'm sure it is a clear concept in your mind, so please share your thoughts more clearly. Thank you.
swimmergirl, I'm sure you've
swimmergirl,
I'm sure you've figured this out for yourself, but I'll say it anyway. Calypso really doesn't need to have much basis for his/her/its positions. Calypso's primary goal is to get reactions out of people. If you really want to stick it to Calypso, just ignore him/her/it.
calypso
For those just tuning in: Calypso is a troll.
Never has a relevant or productive thought ever graced The Empire's message board from his hand.
Troll
ggcrackers
She is also a troll
Calypso, free market doesn't exist. We don't live in
A perfect world, so why would you believe an economic strategy that relies on humans acting honestly and responsibly would ever work?
Obviously the "free market" wasn't getting us anywhere when unions first organized. The "free market" is a straw man argument by those who just simply have no argument. There's no such thing as a free market and the closest we got to them created the largest backlash in labor forces this country ever saw.
The free market is the proverbial dog chasing its tail. Unions aren't preventing the free market. Unions were created because the "free market" only benefited the factory owners. Do you understand this?
Expanding on calypso's free market pipe-dream....
You agree environmentalists, atheists, hippies, liberals, socialists, democrats, minorities (probably won't admit this one), and anyone who agrees with liberals, are all inherently evil, right? I know you think this because you've posted it on JE before. How do you expect a free market to work when so many of us are devil-worshipping America haters?
Does god support a free market? Is that how you expect it to magically work out?