By Nicholas Bagley
Thursday, May 28, 2026
What are public-sector unions for, exactly? What problem
are they supposed to solve? That’s the question I found myself asking earlier
this month, when the best-paid
railroad workers in America went on strike for three days.
To be clear, I get what the unions understand
their purpose to be. It’s to get the best deal for their members. That’s what
they’re designed to do, and they do it well.
Salaries at the Long Island Rail Road—a commuter-train
system that connects suburban residents to New York City—now average $121,646,
which is 50 percent more than the median household income in New York City ($80,483).
Work rules entitle engineers to double
or even triple pay when they drive different types of trains on the same
day or when they deliver a train to the maintenance yard after driving
passengers. Last year, more than 300
LIRR workers each earned $100,000 in overtime—in addition to their base
pay. Those extra wages in turn inflate their pensions,
which they can
take at the age of 55 after 30 years of service.
All of this is as good for union members as it is
unimaginable for most American workers. But taxpayers and commuters are the
ones who pay for those generous compensation packages, and it’s reasonable to
wonder whether they are getting a fair deal.
To her credit, Governor Kathy Hochul pushed back on the
LIRR unions. But she quickly settled the strike on still-to-be-disclosed terms
that will keep
in place massive overtime payments, expensive work rules, and bloated
pensions. That’s business as usual in blue states and blue cities, where
public-sector unions wield fearsome
political power.
None of this is inevitable. Strong unions persist because
roughly 30 states
have passed laws requiring collective bargaining with public workers. If this
process advanced the common good, all would be well. But the available research
suggests that it doesn’t. To the contrary, unions routinely insist on pay
packages and work rules that degrade the efficiency and effectiveness of the
public sector.
Our laws aren’t doing a good job, in short, of aligning
union incentives with the public interest. That’s a big problem, especially as
our most vibrant cities struggle to provide good schools, effective policing,
and high-quality transit. Reform is long overdue. Thankfully, it’s also
achievable.
***
For many union members, it’s completely obvious why we
have collective-bargaining laws. “The training process for this job is over a
year long,” explained one LIRR engineer on the picket
line. “It consists of multiple examinations. Some of the written ones are
incredibly difficult. We are very qualified. And, you know, frankly we deserve
this money.”
We deserve this money. What should the public make
of this argument?
In a market economy, compensation isn’t normally keyed to
what a worker deserves in the abstract. It’s linked, instead, to what an
employer has to pay to attract high-quality workers. An employer that pays too
little will find itself with too few workers or workers who are bad at their
jobs. An employer that pays too much risks being driven out of business by more
cost-conscious rivals.
There’s nothing intrinsically fair about the resulting
wage distribution. Because, from an employer’s perspective, the goal isn’t
fairness. It’s running a successful business.
In the private sector, unions temper that unfairness by
pushing corporate owners to split profits with workers. But private-sector
unions can push only so hard: If they insist on compensation packages and work
rules that make the business go bust, they could find themselves out of a job.
Matters are different in the public sector. The Long
Island Rail Road, for example, is owned and operated by the government, much
like public schools and police departments. As a result, the unions
representing public workers aren’t constrained by the possibility of corporate
bankruptcy. They’re constrained instead by politics.
Which means that politicians have to decide how to
compensate government workers. One approach, favored by unions, is to depart
from the baseline set by the market and pay workers what they deserve. It’s an
appealing idea. Public workers do crucial work and ought to be compensated
fairly for it.
The trouble, of course, is that there’s no end to claims
about deservingness. Pretty much everyone thinks they’re underpaid and
underappreciated. Sometimes they’re right; sometimes they’re not. But I don’t
know what a teacher or a cop or a railroad engineer “deserves,” nor does anyone
else.
Giving public-sector workers what they think they
deserve, moreover, clashes with how everyone else in the economy gets paid. Is
it fair for one group to get special consideration just because they happen to
work for the government? Especially when taxpayers—working people
themselves—are picking up the tab?
During
negotiations with the railroad union, Hochul suggested that the answer is no:
“Workers deserve to be paid fairly for their work,” she said. “But at the same
time, we must be responsible with public funds and the fares paid by Long
Island residents.”
That’s the right approach. When the government supplies
public services, its goal should be to supply those public services as
efficiently as possible—not run a tax-and-transfer system to aid the relatively
small number of people lucky enough to be union members.
***
There is a better argument for public-sector unions,
which is that unions have the leverage to demand compensation packages and work
rules that are necessary to attract excellent public workers. Here’s
Randi Weingarten, the long-standing head of the American Federation of
Teachers: “If we want to recruit and retain high-quality teachers, it starts
with a fair wage, adequate working conditions, and the resources and support to
succeed.”
There’s a lot to this. The public sector, like the
private sector, is only as good as its workforce. If unions help attract better
teachers and cops, collective bargaining might improve the quality of public
services. We should be happy, on this view, that unions are fighting for
government workers. We’re all better off as a result.
Except that’s not what the research shows.
Start with schools. Two comprehensive reviews of the
available evidence, one
from 2025 and one
from 2015, find that teachers’ unions reliably increase school spending,
especially on salaries for veteran teachers. In general, however, they do not
appear to help kids. “Most often,” the 2025 review says, “teachers’ unions have
no impact or a slight negative impact on performance.”
Recent experience in Wisconsin is revealing. In 2011,
Republicans passed a law, Act 10, that curtailed collective-bargaining rights
for teachers. In the immediate aftermath, student outcomes suffered,
mainly because of a sharp increase in teacher turnover. But that dip was short-lived.
Since then, a series of studies have suggested that Act
10 has improved student performance. Barbara Biasi, an
economics professor at Yale, found that test scores rose when districts ditched
seniority-based pay in favor of a more flexible approach. Morgan
Foy of the University of Illinois found similar gains in test scores and
attendance even in districts that didn’t adopt a flexible pay scale—because, he
suspects, teachers worked harder when unions couldn’t protect them from
discipline. And E. Jason Baron
at Duke has shown that the promise of higher entry-level wages enticed more
young Wisconsinites to get a teaching degree, which has improved the talent
pool.
Now consider policing. In 2003, sheriffs’ deputies in
Florida secured collective-bargaining rights because of an unanticipated court
decision. Researchers at the University of Chicago Law School took advantage of
that natural experiment by comparing sheriffs’ offices with municipal police
departments that were unaffected by the court decision. Collective bargaining,
they found, caused a roughly 40 percent increase in violent misconduct in
sheriffs’ offices relative to police departments.
That’s the opposite of what you’d expect to see if
public-sector unions made public services better. But it’s consistent with the
general run of the evidence about policing. One forthcoming study,
for example, finds that the extension of collective-bargaining rights
significantly increased the number of civilians killed by police, especially
nonwhite civilians, and “can explain 14 percent of all non-white civilian
deaths by legal intervention between 1959 and 1988.”
To put it mildly, these results are hard to square with
the claim that public-sector unions improve the public sector. At least three
factors seem to be driving those results.
First, unions often push for job protections that
frustrate workplace accountability. In the study of Florida sheriffs’ deputies,
for example, collective bargaining appeared to
cause a rise in violent misconduct, because of “a reduction in expected
sanctions.” In other words, sheriffs’ deputies knew they could get away with
it.
Second, unions push to equalize pay among their members
based on seniority and credentials, not on quality of performance. That makes
recruiting talented young people difficult, and rewarding good workers
impossible. The Wisconsin reforms,
for example, “led younger and less credentialed teachers to earn more on
average, and older, more experienced teachers to earn less.” That’s bad for
aging union members, but good for students.
Third, public-sector unions avidly negotiate for
compensation in the form of pensions, not wages. But pensions are a poor
recruitment tool: Starting wages matter much
more to young people than pensions that will be paid out decades down the
line. When unions use their power to boost pension payments, they aren’t
working to attract talented young people. They’re working to reward their
members.
***
If we want unions that actually improve the quality of
public services, we’re going to have to reform our collective-bargaining laws.
As matters stand, those laws require state and local
governments to negotiate with unions. But they also establish what those
unions are entitled to negotiate over—what is “bargainable.” And a very wide
range of terms and conditions of employment are typically bargainable. That’s
how you get demands for job protections, pay equalization, and hefty pensions.
None of that is graven in stone. The laws could be
amended to limit the scope of what’s bargainable. Overtime, pensions, work
rules, salary schedules—all of those would be off-limits. Unions would
be left to negotiate over the one thing that is most likely to attract
high-quality workers: base wages.
In that world, unions would still be powerful. They would
still serve as a counterweight to local governments that might try to balance
their budgets on the backs of middle-class workers. Their members would still
receive job protections under civil-service laws. The unions just wouldn’t be
allowed to make demands that frustrate the delivery of high-quality,
cost-effective public services.
Reformed collective-bargaining laws would bring what unions want into better alignment with the public interest. Otherwise, we’re left with the LIRR engineer’s argument about what the unions are for: We deserve this money. The engineer may be right about what he deserves. Surely we all deserve better in this fallen world. But it’s no way to run a railroad.
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