Year: 2019

Usher in a new day for labor: The courts can’t be counted on to protect workers anymore; Congress needs to pass new laws

As the Supreme Court prepares to decide whether the 1964 Civil Rights Act protects gay and transgender people from workplace discrimination, it seems, at least to me, unlikely that a bench dominated by five very conservative men will protect gay employees. This should be a wake-up call: We cannot count on the courts to protect our rights in the workplace. We need a Congress that will actually pass laws, and high on the list of legislative priorities should be a “just cause” law that would protect every employee from unfair terminations. Common as a legal standard of employment across much of the industrialized world, and here routinely negotiated into union contracts, “just cause” is the principle that no employee can be fired without a legitimate, serious, work-performance reason. Such a legal standard would empower workers to speak out about pay disparities, to combat sexual harassment and to complain about unsafe […]

The Powerful New Idea in Elizabeth Warren’s Labor Platform

On Thursday, Elizabeth Warren released her long-awaited labor platform, titled “Empowering American Workers and Raising Wages.” The plan provides unions with a long wish list of badly needed reforms and new powers. It also makes a solid case that, like Bernie Sanders, she would be the labor movement’s biggest booster in the White House in generations. Several other candidates, including Julián Castro, Beto O’Rourke and Amy Klobuchar, have also recently put out lengthy labor plans, which provide examples of how (and how not) to stand out from the pack when the baseline position of most Democrats in repealing the Taft-Hartley Act. The biggest innovation in Warren’s platform is a private right of action in the federal courts against employers who violate the National Labor Relations Act. Currently, only employers are able to take their complaints directly to the federal courts, against a union picket line, boycott action or other alleged […]

Bernie Sanders’ Labor Plan Could Put a Union in Every Workplace in America

Bernie Sanders released his Workplace Democracy Plan on Wednesday. His campaign’s labor platform makes the strongest case of any of the candidates so farthat he would be unions’ best ally in the White House in generations. At a time when the Democrats’ official labor law reform proposal, the Protecting the Right to Organize (PRO) Act, would essentially overturn the anti-union Taft-Hartley Act, the race to the left for labor’s support in the primaries demands bolder policies. Bernie Sanders does not disappoint. The stand-out measures Where Sanders’ labor platform is most exciting is its proposal for new workers’ rights and forms of union representation that transcend the National Labor Relations Board framework of enterprise-based contract bargaining. One is a “just cause” legal standard of employment, which would mean that non-managerial workers—whether they are represented by a union or not—could only be fired only for a legitimate, serious, work-performance reason. This has […]

On Labor, a Tale of Two Cities’ Mayors (with Presidential Ambitions)

It was a tale of two cities’ mayors (with presidential ambitions) this week. South Bend, Indiana’s Pete Buttigieg and New York’s Bill de Blasio—the two active-duty mayors among the 20 Democratic presidential candidates still on the debate stage—released their labor and workers’ rights platforms. Both mayors include fairly robust proposals to overhaul and modernize our nation’s main labor law, the National Labor Relations Act. But that should no longer be considered good enough. Given that Congressional Democrats’ official proposal right now, the Protecting the Right to Organize (PRO) Act, essentially overturns the anti-union Taft-Hartley Act, adds card check under some circumstances and imposes meaningful financial penalties for employers who violate their employees’ rights, woe to the candidate who doesn’t propose to outdo it. Only one mayor, de Blasio, breaks new ground with his proposal; the other, Buttigieg, offers a survey course of think tank white papers and moderate reforms. I’m […]

Rats have speech rights, too: Unions, protests and balloons

Outside a strip mall on Staten Island, a giant balloon rat lies deflated. I can’t imagine a less auspicious scene for the free-speech fight of the century. But it’s here the Trump administration has chosen to argue that free speech is for corporations — and not for workers. And it’s here that unions have an opportunity to reverse decades of anti-union legal dogma. Last month, the National Labor Relations Board sought an unprecedented injunction against Laborers Local 79 in Staten Island to stop them from inflating a rat balloon. Previously, agency staffers leaked word that Peter Robb, Trump’s NLRB general counsel, “hates” the rat and was determined to exterminate it. The NLRB is a federal agency tasked by statute to protect the rights of workers. But under Republican administrations, it does the opposite. Now, by taking aim at the inflatable rodent, the NLRB invites a First Amendment challenge. Conservative jurists […]

The de Blasio Paradox

New York Mayor Bill de Blasio launched his bid for president last week, amidst protests and jeers. On Good Morning America, where he was having what should have been his first softball interview as a candidate, chants of “LIAR” could be heard from a rally outside the Times Square studio. The anti–de Blasio protest somehow united the local cop union and Black Lives Matter protestors, along with housing advocates and anti-poverty activists. While New Yorkers greet de Blasio’s quixotic campaign with hostility or befuddlement, distant observers might wonder how this is more outrageous than, say, Beto O’Rourke or any number of red-state Democrats with thin records throwing away their shot at statewide office for similarly doomed runs at the White House. Overlooked in all the grousing is Hizzoner’s actual achievements: Bill de Blasio is one of the best mayors that New York City has ever had. But he lacks that easygoing charm […]

This May Day, It’s Time to Cut Work Down to Size

[This article was co-authored by Leo Gertner.] Every year, the rest of the world marks the first of May with worker celebration and protest. American unions that sprung up in the years after the Civil War picked the day to launch their inspirational campaign for a better balance between work and life, captured in their slogan: “Eight hours for work, eight hours for rest, and eight hours for what you will.” Back then, the average manufacturing worker toiled 100 hours a week. Conditions have improved, but we’ve hardly achieved the eight-hour day. Today, half of all Americans report working more than 50 hours a week, while millions of “involuntary part-time” employees at corporations like Walmart scramble to find enough hours of paid work to survive. Even Republicans recognize this crisis, with their recent belated proposals for paid family leave. These ask working people to fund their time spent caring for […]

Fighting Against Racism—And For a Better Paycheck—On the Docks

“Dockworkers have power.” With that simple statement, Western Illinois University professor and In These Times contributor Peter Cole kicks off his compelling new history, Dockworker Power: Race and Activism in Durban and the San Francisco Bay Area (University of Illinois Press). The story of the west coast International Longshore and Warehouse Union (ILWU), its legendary founder Harry Bridges, and the 1934 San Francisco general strike he led is broadly familiar to Americans who enjoy romantic stories of derring do from the labor movement’s past. Less familiar may be the union’s struggle for anti-racist hiring and layoff policies on the docks, and its crucial allyship in various civil rights struggles. Cole pairs their history with that of black South African docker organizing that presaged the struggle against apartheid by decades, and created an early and durable institutional stronghold of black power in South Africa. The similarities between the two unions don’t end with the struggle for their black […]

Older Posts